Surf Spirit Terms and Conditions
Standard information form for package travel contracts in accordance with Section 651a of the German Civil Code
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302.
You will therefore benefit from all EU rights applying to package travel. Surf Spirit GmbH & Co. KG is fully responsible for the proper performance of the package as a whole.
Surf Spirit GmbH & Co. KG has taken out insolvency protection with the following institution:
HanseMerkur Reiseversicherung AG, Siegfried-Wedells-Platz 1, 20354 Hamburg Phone: +49 (0)40 53799360
Your key rights under Directive (EU) 2015/2302:
1. Travelers will receive all essential information about the package before concluding the package travel contract.
2. At least one entrepreneur is always liable for the proper provision of all travel services included in the contract.
3. Travelers will receive an emergency telephone number or details of a contact point through which they can contact the tour operator or travel agency.
4. Travelers may transfer the package to another person within a reasonable period and, under certain circumstances, subject to additional costs.
5. The price of the package may only be increased if specific costs (for example, fuel prices) increase and if this is expressly provided for in the contract, and in any case no later than 20 days before the start of the package. If the price increase exceeds 8% of the package price, the traveler may withdraw from the contract. If a tour operator reserves the right to a price increase, the traveler has the right to a price reduction if the corresponding costs decrease.
6. Travelers may withdraw from the contract without paying a cancellation fee and receive a full refund of all payments if any of the essential components of the package, other than the price, are significantly changed. If the entrepreneur responsible for the package cancels the package before it begins, travelers are entitled to a refund and, under certain circumstances, compensation.
7. Travelers may withdraw from the contract before the start of the package without paying a cancellation fee in the event of unavoidable and extraordinary circumstances, for example, if there are serious security problems at the destination that are likely to affect the package.
8. Furthermore, travelers may withdraw from the contract at any time before the start of the package upon payment of a reasonable and justifiable cancellation fee.
9. If, after the start of the package, essential components of the package cannot be carried out as agreed, suitable alternative arrangements must be offered to the traveler at no extra cost. The traveler may withdraw from the contract without paying a cancellation fee (in the Federal Republic of Germany, this right is called "termination") if services are not provided in accordance with the contract and this has a significant impact on the provision of the contractual package services and the tour operator fails to provide a remedy.
10. The traveler is entitled to a price reduction and/or compensation if the travel services are not provided or are not provided properly.
11. The tour operator shall provide assistance to the traveler if they are in difficulty.
12. In the event of the insolvency of the tour operator or, in some member states, the travel agent, payments will be refunded. If the insolvency of the tour operator or, where applicable, the travel agent occurs after the start of the package and transport is included in the package, the repatriation of the travelers is guaranteed.
Website where Directive (EU) 2015/2302 can be found in the form transposed into national law: www.umsetzung-richtlinie-eu2015-2302.de
General Terms and Conditions of Surf Spirit GmbH & Co. KG
The following provisions form the content of the package travel contract concluded between you and us. They supplement and expand upon the statutory provisions of Sections 651a to 651y of the German Civil Code (BGB) and Articles 250 and 252 of the Introductory Act to the German Civil Code (EGBGB).
Please read these booking conditions carefully before making your booking.
1. Our Role as an Intermediary for Airport Transfer Services
1.1 Our travel services do not include transfers from the airport to the hotel and back. Unless the transfer is expressly stated in the travel description as a component of the package tour we offer and operate, we do not offer the airport transfer as our own service, but as a brokered service alongside the package tour.
1.2 Our role as an intermediary obliges us in particular to:
a) For each offer to broker a service, we will point out our role as an intermediary, stating the provider and contractual partner in the event of a booking.
b) We will show the price of the brokered service separately from the price of the package tour.
c) We will provide you with a booking confirmation corresponding to the above details, in which the price of the brokered service is shown separately.
1.3 Our liability arising from the agency agreement remains unaffected by the above provisions.
2. Conclusion of the Travel Contract
2.1 By booking via our online portal, you make a binding offer to conclude a travel contract with us. This offer is based on the travel description on our website and any supplementary information we provide for the respective trip, provided it is available at the time of booking. You will receive electronic confirmation of receipt of your booking without delay.
Submitting your booking by clicking the "book with obligation to pay" button does not create a claim for the conclusion of a package travel contract in accordance with your booking details. We are free to decide whether or not to accept your contractual offer.
If the booking confirmation is issued immediately after you have made the booking by clicking the "book with obligation to pay" button through a corresponding immediate display of the booking confirmation on the screen (real-time booking), the package travel contract is concluded upon receipt and display of this booking confirmation on your screen, without the need for an interim notification of receipt of your booking, provided you are offered the option to save it on a durable medium and print the booking confirmation. The binding nature of the package travel contract is not, however, dependent on you actually using these options to save or print. We will additionally send you a copy of the booking confirmation in text form.
2.2 The minimum age for participating in the trips we offer is 18 years.
2.3 If you book the trip for several people listed in your booking, you are responsible for all contractual obligations of these persons as if they were your own, provided you have assumed such an obligation through an express and separate declaration.
2.4 The booking confirmation contains all essential details regarding the travel services you have booked. If the details in our booking confirmation differ from your booking, this constitutes a new offer from us, by which we are bound for ten days. The travel contract is concluded on the basis of this new offer, provided we have drawn your attention to the changes, fulfilled our pre-contractual information obligations, and you accept the new offer within the ten-day binding period by means of an express declaration or by making a deposit.
2.5 The pre-contractual information we provide regarding the essential characteristics of the travel services, the travel price, all additional costs, payment terms, the minimum number of participants, and cancellation fees in accordance with Art. 250 § 3 nos. 1, 3-5, 7 of the Introductory Act to the German Civil Code (EGBGB) will only be excluded from the travel contract if this is expressly agreed upon between the parties.
2.6 Please note that, pursuant to Section 312(7) in conjunction with Section 312g(2) sentence 1 no. 9 of the German Civil Code (BGB), there is no statutory right of withdrawal for package travel contracts under Sections 651a and 651c BGB concluded via distance selling (Section 312c BGB) (e.g., by telephone, email, or online services).
3. Payment Information
3.1 We may only request or accept payments toward the travel price before the package tour ends if an effective customer money protection contract is in place and you have been provided with the security certificate, including the name and contact details of the protection provider, in a clear, understandable, and prominent manner. After the contract is concluded, a deposit of 20% of the travel price becomes due immediately upon receipt of the security certificate. The balance is due four weeks before the start of the trip, provided the security certificate has been issued and the trip can no longer be cancelled due to failure to reach the minimum number of participants as per clause 10.2. For bookings made 28 days or less before the start of the trip, the full travel price is due immediately.
3.2 If you fail to make the down payment and/or the final payment in accordance with the agreed payment deadlines, even though we are ready and able to properly provide the contractual services, have fulfilled our statutory information obligations, and there is no statutory or contractual right of set-off or retention on your part, and you are responsible for the payment delay, we are entitled to withdraw from the package travel contract after issuing a reminder with a deadline and after the deadline has expired, and to charge you cancellation fees in accordance with Clause 7.
3.3 All payments must be made to Surf Spirit GmbH & Co. KG.
4. Special notes for local accommodation
4.1 The accommodation may only be occupied by the adult persons listed in the booking confirmation. The specified arrival and departure dates are binding. Upon handover of the room keys, a reasonable amount (deposit) may be required as security for any damages or for special services to be paid on-site. The refund or offsetting will take place if the accommodation is left in the same condition as it was handed over to you at the end of your stay.
4.2 We will endeavor to accommodate your requests for special services not listed in the description (e.g., adjacent rooms or rooms in a specific location) whenever possible. If special services are requested that involve additional costs, these costs are not included in the travel price and, unless otherwise stated in the travel description or booking confirmation, must be paid directly on-site.
4.3 Pets may only be brought along in cases where the travel description expressly permits it.
5. Local assistance and trip extension
5.1 During your stay, you will be assisted by our local partners who are commissioned to provide the booked travel services. They will welcome you upon your arrival and are available as your contact persons for all matters concerning your trip. In particular, they are also commissioned to provide you with assistance in accordance with Section 651q of the German Civil Code (BGB) if you find yourself in difficulty. The information required for contacting them (including telephone numbers) can be found in your booking confirmation.
5.2 Our local partners are not authorized to acknowledge claims of any kind.
5.3 If you would like to stay at the location longer, please contact us or our local partners as early as possible. We are happy to extend your stay if accommodation is available beyond the booked period. In this case, we will conclude a new travel contract with you. The travel price for the extension will be calculated based on the prices and conditions applicable at that time. It becomes due immediately upon conclusion of the new travel contract and must be paid directly to Surf Spirit GmbH & Co. KG. Please check the validity period of your travel insurance and any necessary visas in the event of a trip extension.
6. Changes to services
6.1 Changes to essential travel services compared to the agreed content of the travel contract are only permitted to us if they are not significant, do not impair the overall nature of the booked trip, and are declared before the start of the trip. Any warranty claims remain unaffected, particularly if the modified services are defective.
6.2 We are obliged to inform you of any changes to services immediately after becoming aware of the reason for the change on a durable medium (e.g., email). If the change leads to a significant alteration of the essential characteristics of the travel services or a deviation from specific requirements that have become part of the travel contract, we will simultaneously inform you of your statutory rights of choice in accordance with Clause 6.3.
6.3 If, due to circumstances arising after the conclusion of the contract, we can only provide the trip with a significant change to the essential characteristics of the travel services or only by deviating from your specific requirements that have become part of the travel contract, you are entitled to either accept the change, withdraw from the travel contract free of charge, or, if we have offered you a replacement trip, participate in it, within a reasonable period set by us when notifying you of the change. You have the choice of whether or not to respond to our notification. If you do not respond, or do not respond within the set period, the notified change is deemed accepted. We must point this out to you in the declaration pursuant to Clause 6.2.
6.4 Any warranty claims remain unaffected if the modified services are defective. If the implementation of the modified trip or replacement trip results in lower costs for us, the difference will be refunded to you in accordance with Section 651m (2) of the German Civil Code (BGB).
7. Cancellation before departure/cancellation fees
7.1 You may withdraw from the travel contract at any time before the start of the trip. The withdrawal must be declared to us.
7.2 If you withdraw from the contract before the start of the trip, we lose our claim to the travel price. Instead, we may demand reasonable compensation, provided that the withdrawal is not our fault or that no unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity that significantly impair the performance of the trip or your transport to the destination; circumstances are unavoidable and extraordinary if they are beyond our control and their consequences could not have been avoided even if all reasonable measures had been taken.
7.3 Cancellation fees are set as a flat rate in Section 7.4. They are determined by the travel price minus the value of the expenses we save and minus what we earn through alternative use of the travel services. The following flat rates also take into account the period between your notice of withdrawal and the start of the trip. You also remain free to prove that the fees we are entitled to are significantly lower than the flat-rate compensation we have requested.
7.4 The lump-sum cancellation fee per person is:
- up to the end of the 91st day before the start of the trip: 20%,
- up to the end of the 61st day before the start of the trip: 30%,
- up to the end of the 31st day before the start of the trip: 50%,
- from the 30th day before the start of the trip: 70%,
- from the 14th day before the start of the trip: 80%
- from the 7th day before the start of the trip: 90% of the travel price.
Cancellation fees are due immediately.
7.5 In the event of a cancellation within a maximum of 48 hours after booking, we may, as a gesture of goodwill and following prior coordination in individual cases, waive the regular cancellation fee and refund the travel price already paid. In this case, we may retain or charge a processing fee of 40 euros per booking. There is no entitlement to this goodwill arrangement.
7.6 You remain free in any case to prove to us that we incurred no damage at all or significantly less damage than the flat-rate compensation we have requested.
7.7 A flat-rate compensation fee according to Section 7.4 shall not be considered fixed and agreed upon if we can prove that we incurred significantly higher expenses than the calculated amount of the flat rate according to Section 7.4. In this case, we are obligated to specifically quantify and justify the requested compensation, taking into account saved expenses and any income from alternative use of the travel services.
7.8 If we are obligated to refund the travel price in part or in full as a result of your withdrawal, we must do so without delay, and in any case within 14 days of receiving your notice of withdrawal.
7.9 Your right to designate a substitute participant by notifying us on a durable medium within a reasonable period before the start of the trip (see Section 8.2 below) remains unaffected by the above conditions. Such notification is in any case timely if it reaches us no later than seven days before the start of the trip.
8. Rebooking and Substitute Person
8.1 We will endeavor to accommodate your requests for rebooking, provided it is possible to do so. You may rebook free of charge if we have provided you with no, insufficient, or incorrect information in accordance with Art. 250 § 3 EGBGB. Otherwise, you may change your travel dates up to the end of the 61st day before the start of the trip. A separate fee of €25 per person will be charged for this. For changes to travel dates from the 60th day before the start of the trip onwards, the following applies: The change is considered a withdrawal from the travel contract under the conditions of Section 7.4, combined with a new booking. In this case, the travel price will be recalculated based on the prices and conditions applicable at that time. Rebooking fees are due immediately.
8.2 Within a reasonable period before the start of the trip, you may notify us on a durable medium that an adult third party will assume your rights and obligations under the travel contract. This notification is considered timely if it reaches us no later than seven days before the start of the trip. We may object to the third party taking your place if they do not meet the contractual travel requirements. If a third party takes your place, we are entitled to demand reimbursement for any additional costs incurred (e.g., administrative, telephone, and postage costs), provided these are reasonable and were actually incurred by us. Furthermore, we may also demand reimbursement for additional costs resulting from the fact that a contract we have concluded with a service provider (e.g., a local accommodation provider) to fulfill our obligations under the travel contract is not transferable to a third party, requiring us to enter into a new contract with the respective service provider—potentially at a higher price—to fulfill our obligations for the third party. We must provide you with proof of the amount of additional costs incurred due to the third party taking your place. You remain free to provide evidence that no costs or significantly lower costs were incurred as a result of the third party taking your place. You and the substitute person are jointly and severally liable for the travel price and the costs arising from the substitution.
9. Travel Insurance
We recommend taking out a comprehensive travel insurance package, in particular including travel cancellation insurance as well as insurance to cover repatriation costs in the event of accident, illness, or death.
10. Withdrawal and Termination by Surf Spirit GmbH & Co. KG
10.1 We may terminate the travel contract without notice if you persistently disrupt the trip despite a corresponding warning. The same applies if you behave in such a way that is contrary to the contract that the immediate cancellation of the contract is justified. In these cases, we retain the right to the travel price, but must credit the value of saved expenses as well as any advantages we obtain from the alternative use of services not utilized, including any refunds from the respective service providers.
10.2 If the minimum number of participants specified in the pre-contractual information—which becomes part of the travel contract upon receipt of the booking confirmation—is not reached, we may withdraw from the travel contract up to 30 days before the start of the trip. Our declaration of withdrawal must reach you no later than this date. We will, of course, inform you if it becomes apparent at an earlier stage that the minimum number of participants cannot be reached. The declaration of withdrawal will be sent to you immediately. You will then receive a refund of the travel price paid immediately, and in any case within 14 days of receipt of our declaration of withdrawal.
10.3 We may withdraw from the contract before the start of the trip if we are prevented from fulfilling the contract due to unavoidable, extraordinary circumstances; in this case, we must declare the withdrawal to you immediately upon becoming aware of the reason for withdrawal. In this case, we lose the claim to the agreed travel price. We will refund the travel price already paid immediately, and in any case within 14 days of our withdrawal.
11. Remedy, Price Reduction, Reporting Defects, Termination
11.1 If a travel service is not provided or is provided with defects, you may request a remedy informally. The request for remedy must be directed to us or our local partners. We may only refuse a remedy if it is impossible or involves disproportionate costs, taking into account the extent of the travel defect and the value of the travel service concerned.
11.2 You may also demand a reduction in the travel price if travel services were not provided or were provided with defects, and you did not culpably fail to report the defect immediately (without culpable delay). To the extent that we were unable to provide a remedy due to your culpable failure to report a defect or your delayed reporting, your statutory claims for price reduction and damages may be limited accordingly. Our local partners are authorized to receive your reports of defects.
11.3 To the extent that we were unable to provide a remedy due to your culpable failure to report a defect or your delayed reporting, you may not assert claims for price reduction under § 651m BGB or claims for damages under § 651n BGB in this regard.
11.4 If your trip is significantly impaired by a travel defect, you may terminate the travel contract after you have set us a reasonable deadline for remedy and this has expired without success. A deadline is not required if we refuse to provide a remedy or if immediate remedy is necessary. If the contract is terminated, we retain the right to the agreed travel price for the travel services already provided. Our claim to the agreed travel price for services no longer to be provided is waived; any payments already made for these will be refunded by us.
12. Surf and Yoga Courses; Special Obligations of the Traveler for Surf Courses
12.1 Yoga and surf lessons are conducted in English or German.
12.2 Where surf lessons are part of the travel services offered by us, please note that participation in surf lessons requires physical fitness and is therefore not suitable for persons with reduced mobility. In addition, participants must be able to swim confidently. The surf lessons are conducted under the supervision of an instructor or a similarly qualified person. Nevertheless, participation in surf lessons requires a high degree of personal responsibility on the part of the participant. In this context, we expressly refer to our important information regarding the surf lessons.
13. Limitation of Liability
13.1 Our contractual liability for damages that do not result from injury to life, body, or health and were not caused culpably is limited to three times the price of the trip.
13.2 For all claims for damages against us due to tortious acts that are not based on intent or gross negligence, liability for property damage is limited to three times the price of the trip.
13.3 We are not liable for service disruptions, personal injury, or property damage in connection with services that are merely brokered as third-party services (e.g., excursions, transport services to and from the advertised starting and destination point) if these services are clearly identified as third-party services, including the brokered contractual partner, in such a way that they are recognizably not part of the package tour for you.
13.4 Participation in sports and leisure activities that are not part of our package tour is at your own risk. You should inspect sports facilities, equipment, and vehicles before use. We are only liable for accidents occurring during sports events and other leisure activities if we are at fault. We recommend taking out accident insurance.
13.5 We are not liable for service disruptions, personal injury, or property damage in connection with services that are merely brokered as third-party services (e.g., brokered excursions, events, etc.) if these services were clearly identified as third-party services, including the identity and address of the brokered contractual partner, in such a way that they are recognizably not part of our package tour for the traveler and were selected separately. Sections 651b, 651c, 651w, and 651y BGB remain unaffected by this.
13.6 However, we are liable if and to the extent that our breach of notification, information, or organizational duties has caused damage to the traveler.
13.7 Insofar as services such as massages or other therapeutic treatments or services are not part of our package tour and are merely brokered by us according to clause 13.8, we are not liable for the provision of services or for personal injury or property damage. Liability arising from the brokerage relationship remains unaffected by this.
Insofar as such services are part of the travel services, we are not liable for any curative or therapeutic success.
It is your sole responsibility to determine, before booking, before starting your trip, and before utilizing such services, whether the respective services are suitable for you, taking into account your personal health condition. We do not owe any special medical advice in this regard, particularly any tailored to the individual customer, without an express agreement. This applies regardless of whether we are merely acting as an intermediary for such services or whether they are part of the travel services.
14. Duty to Cooperate
In the event of service disruptions, you are obligated to cooperate in avoiding or minimizing any damage.
15. Limitation Period
The claims and design rights referred to in Section 651i (3) of the German Civil Code (BGB) expire in two years. Claims must be asserted against us. The limitation period begins on the day on which the package tour should have ended according to the contract. The foregoing also applies to any refund claims that may arise after a cancellation or price reduction (Sections 651l (2) sentence 2, 651m (2) sentence 1 BGB).
16. Consumer Dispute Resolution and Assignment
16.1 Surf Spirit GmbH & Co. KG is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
16.2 For customers/travelers who are not citizens of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship. Such customers/travelers may only sue us at our registered office in Bielefeld.
16.3 For lawsuits brought by us against customers or contractual partners of the package travel contract who are merchants, legal entities under public or private law, or persons who have their domicile or habitual residence abroad, or whose domicile or habitual residence is unknown at the time the lawsuit is filed, our registered office in Bielefeld is agreed as the place of jurisdiction.
17. Passport, Visa, and Health Regulations
17.1 We will inform you about general passport and visa requirements as well as health formalities of the destination country, including approximate timeframes for obtaining necessary visas, prior to the conclusion of the contract, and will notify you of any changes before the start of your trip.
17.2 For our locations in Sri Lanka, we refer you to the current travel and safety advice from the Federal Foreign Office. Information regarding passport and visa requirements can be found under the heading "Entry and Customs."
17.3 For our location in Portugal, we refer you to the current travel and safety advice from the Federal Foreign Office. Information regarding entry and customs regulations can be found there under the section "Entry and Customs."
17.4 For our location in Spain, we refer you to the current travel and safety advice from the Federal Foreign Office. Information regarding entry and customs regulations can be found there under the section "Entry and Customs."
17.5 You are personally responsible for obtaining and carrying the necessary travel documents, any required vaccinations, and for complying with customs and foreign exchange regulations.
17.6 The above information applies to German citizens. Travelers of other nationalities are responsible for informing themselves in good time about the entry, visa, and health regulations applicable to them by contacting the relevant authorities or diplomatic missions of their home country or the respective destination country.
18. Data Protection
The personal data you provide to us will be collected, stored electronically, processed, and transmitted to third parties (e.g., service providers such as the accommodation operator) to the extent necessary for the performance of the contract. Further information on how we handle your data can be found in our privacy policy at: https://www.surf-spirit.com/privacy-policy
19. Official Regulations and Health Protection Measures
19.1 The agreed travel services will be provided by the respective service providers in accordance with the legal and official regulations in effect at the time of travel.
19.2 You are required to comply with all reasonable and legally permissible usage, safety, and protective regulations set by the service providers. If symptoms of a potentially contagious illness occur during your trip, please inform the tour guide or the relevant service provider immediately.
The operator is:
Surf Spirit GmbH & Co. KG, Am Lenkwerk 7, D - 33609 Bielefeld
Contact: Tel.: +49 15679505600, hello@surf-spirit.com
As of: July 2026