Terms & Conditions

Risk Acceptance Waiver 

Terms applicable to surfing, yoga and other wellness activivties with Surf Maroc

 

In consideration of Surf Maroc (“SM”) accepting me for surf coaching sessions and/or a surfing or yoga holiday (“Program”) I acknowledge, understand and agree to the following conditions:

 

Definition

References to SM include its partners, officers, employees, members, servants and/or agents. References to “claims” include any claims for any type of damages, compensation, costs (including legal costs), awards and/or any other form of loss and/or liability. References to “liability” include any liability in contract, for breach of any duty of care, under any legislation and/or under any other legal basis. 

 

Physical Fitness and Medical Condition

I confirm I have fully disclosed to SM any injury, disability, medical and/or health condition (whether past or current) which is relevant to me. I understand that failing to do so may increase the risk of me becoming injured or killed. I declare that I am medically and physically fit and able to participate in the Program and I will immediately notifySM of any change to my medical condition, fitness and/or ability to participate in the Program. 

 

Instructions 

I agree at all times to comply with the safety procedures of SM and the instructions given to me by any representative of SM. 

 

Participation 

I agree that my participation in the Program from time to time is at the absolute discretion of SM depending upon wave and weather conditions and other local factors as well as my medical condition, levels of fitness and surfing ability. I will at the request of SM cease any and all activities forming part of the Program as directed by SM. I acknowledge that any such direction from SM is made in the interests of my safety and/or the safety of other participants in the Program and that I am not eligible for any form of refund and/or compensation in such circumstances except at the absolute discretion of SM. 

 

Medical Treatment

If I am not able to convey my wishes, eg due to being unconscious, SM may at their discretion arrange medical or hospital treatment (including ambulance transportation) for me. I authorise such actions being taken by SM and agree to meet and/or repay to SM all costs and expenses associated with such action. I agree thatSM are under no liability to arrange any medical and/or hospital treatment which may expose SM to financial cost and/or expense. I agree it is my responsibility to take out insurance which covers such costs and expenses which may be desirable as a result of the Program. 

 

Disclaimer 

Surfing is inherently dangerous. Injury and/or death may result from water hazards (eg drowning, other surfers, moving surfboards with sharp parts) underwater hazards (eg reefs, currents, ocean floor) and marine life (eg sharks, orca, weaver fish) and other risks which I may be exposed to during the Program. I understand and acknowledge the risks which are associated with surfing. I acknowledge that accidents can and often do happen which may result in me being injured or even killed. I have voluntarily read and understood this warning and accept these risks. 

 

Disclaimer

You declare that you do not and will not hold SM responsible or liable for any illness, injury or accident incurred by the guest, or inflicted by you upon others whilst participating in any of the Yoga and Wellness activities on offer at SM, including, but not limited to, all yoga classes, massage and treatments, howsoever caused for the ‘duration of stay’. Whilst SM will take every reasonable precaution to ensure our you safety, each guest must declare themselves of sound mind and body for such activities before participating. Furthermore all you must have full and appropriate Travel insurance which specifically covers such activities for the ‘duration of stay’. You must accept that SM and their representatives are merely guiding the you and that guidance is for informational purposes only and is not meant as expert advice or opinion and is not intended to be relied upon as physiological or safety advice. 

 

Waiver

I waive any and all claims I may have against SM which are due to the inherent risks associated with surfing, yoga and/or the Program. 

 

Exclusions of Liability 

I agree that SM has no liability to me for any: a) Consequential and/or indirect losses; b) Loss of profit, opportunity, business and/or enjoyment; c) Distress and/or mental trauma; d) Loss and/or damage to equipment and/or personal belongings; and/or e) Acts and/or omissions of other individuals (apart from representatives of SM) participating in and/or associated with the Program. 

 

Cap on Liability 

I agree that SM’s total liability to me in relation to and/or connected with the Program as a whole (whether arising from separate claims and/or a series of linked claims) shall not exceed the amount payable by me to SM for the Program except this cap on liability shall be extended to the extent that any such liability is covered by any insurance of SM and such insurance pays out in respect of such liability. Details of SM’s insurance is available on request. 

 

Indemnities

I agree to indemnify SM and keep SM indemnified against any and all: a) claims by any third party (including but not limited to other participants in the Program) which arise as a result of my acts and/or omissions in connection with the Program; and/or b) any loss and/or damage to equipment or property owned by and/or under the control of SM in relation to the Program which arises as a result of my acts and/or omissions (but excluding fair wear and tear). 

 

Legal Restrictions on Limitations

The exclusions and/or limitations of liability in this document: a) only apply to the maximum extent permitted by applicable law and the exclusions and/or limitations shall be deemed to be worded to take effect to the maximum extent permitted by applicable law; and b) do not limit and/or exclude the liability of  SM for any wilful acts and/or omissions of SM which are intended to cause loss and/or damage to myself and/or my property. 

 

Identity

 I agree that photographic, video and/or sound recordings in any medium made by SM of my participation in the Program may be used for the general promotion of SM including in printed copy and via the internet. 

 

Privacy

I understand that the information provided by me in this document is necessary for the operation of the Program. I acknowledge and agree that the information will only be used for the purposes of SM and to provide me with information pertaining to the Program. I understand that I will be able to access my information through SM upon request. If the information is not provided I might not be permitted to participate in the Program. 

 

Language:

This document is construed in accordance with the English Language and in case of any conflict between the English Language version of this document and any translation; the English Language version shall take precedence and shall prevail. 

 

Law and Jurisdiction 

This document is subject to the law of United Kingdom and both myself and SM submit to the exclusive jurisdiction of the courts of the United Kingdom in relation to any claim and/or liability connected with this document and/or the Program.

 

 

Booking Conditions

Surf Maroc booking conditions

These are the Booking Conditions applicable to holidays booked with Surf Maroc and should therefore be read carefully. Should any part of these conditions become invalid or unenforceable this will not affect the validity of the remainder of these conditions.

 

Holiday contract

Your contract is with Surf Maroc Limited, Suite 11, 23 Engineer Lane , Gibraltar, GX11 1AA. The person signing the booking form must read and accept these Booking Conditions. In the case of a group booking the group leader or « lead name » must have the authority to sign on behalf of everyone in the group. The lead name will be responsible for the full cost of the holiday including insurance premiums, cancellations and amendment charges. No booking contract exists between Surf Maroc and the client until the booking form has been received. We reserve the right to refuse to accept bookings in our absolute discretion without stating the reason for doing so. Please inform us immediately if there are any discrepancies in the costs or details of your booking.

 

Risk acceptance / entry form 

It is a condition of entry onto each trip that the risk acceptance waiver must be read, and agreed upon before arrival. In booking with SM the passenger acknowledges that all trips/tours involve inherent risks that may not be present in the case of conventional or less demanding and active holidays. In accepting the risk involved passengers acknowledge the decision to travel has been made after due consideration or relevant travel information and no liability exists to SM or the service provider.

 

Responsibility 

SM may act as an agent in the arrangement of travel services ( e.g. Marrakech transfers are not supplied by SM )  and accepts no liability for any injury, loss, damage, accident, delay, irregularity or costs incurred that may arise to any passenger or third party resulting from the passengers or third party’s use. Some of our service providers (e.g. Transfer Companies ) will have additional booking conditions. As agents for these providers we do not take responsibility for any omission, default, neglect or accuracy of any information or statement made by them. Some service providers may require additional booking forms to be completed in order for reservation to be completed.

 

Prices

All prices are in pounds sterling unless otherwise stated. Upon making your booking the price of your holiday will not normally be subject to change, however we reserve the right to increase or decrease prices due to variations in service charges, insurance/security levels or exchange rates. Once a booking has been made discounts cannot be applied retrospectively.

A deposit is required at the time of booking. Once confirmation has been dispatched the deposit is non refundable. The final balance is due 6 weeks before departure. If the final payment has not been received by this date we reserve the right to treat the booking as a cancellation. Should the booking be made within 6 weeks of the departure date the full amount is payable immediately.

 

Cancellation of holiday by Surf Maroc clients

If you are obliged to cancel your booking you should write to Surf Maroc immediately. The following sliding scale determines if your holiday is refundable:

* Cancellation over 6 weeks before departure date - loss of 30% of holiday cost (deposit)

* Cancellation 4-6 weeks before departure date - loss of 50% of holiday cost

* Cancellation 2 - 4 weeks before - loss of 75% of holiday cost

* Cancellation under 2 weeks before - loss of 100% of holiday cost.

 

Cancellation of holiday by Surf Maroc Guest Teachers Retreats 

If you are obliged to cancel your booking you should write to Surf Maroc immediately. The following sliding scale determines if your holiday is refundable:

* Cancellation over 12 weeks before departure date - loss of 30% of holiday cost (deposit)

* Cancellation 8 - 12 weeks before departure date - loss of 50% of holiday cost

* Cancellation 6 - 8 weeks before - loss of 75% of holiday cost

* Cancellation under 6 weeks before - loss of 100% of holiday cost.

 

Cancellation of holiday by Surf Maroc

Surf Maroc reserves the right in any circumstance to cancel your holiday. However, in no case will we cancel your holiday less than 8 weeks before the scheduled departure except for reasons of ‘force majeure’ which include war, political unrest, strikes, acts of God, epidemics, natural and technical disaster, closure of ports and aircraft or unless the clients default in the payment of the balance of the holiday price. In circumstances where we are unable to provide the holiday you have booked we will return to you all monies paid, or offer you an alternative holiday of similar standard.

Alterations to your holiday by Surf Maroc: It is unlikely that we will have to make any changes to your holiday, but occasionally small changes may be made, which we reserve the right to do at any time. Most of these changes are minor and we will advise you at the earliest possible date.

Our contract with you is deemed to be made at the offices of Surf Maroc Limited, Suite 11, 23 Engineer Lane , Gibraltar, GX11 1AA. All our conditions are subject to British Law.

 

General

Surf Maroc holidays start and finish where stated on your invoice or booking confirmation. We are not responsible for your travel to or from this point or for any expenses, including travel accommodation, subsistence and loss of earnings, caused by delayed return to your departure point, howsoever caused.

Airport transfers: It may sometimes be necessary to combine, on certain transfers, customers arriving or departing on more than one flight, which may require additional waiting time at your airport or accommodation. Sometimes our airport transfers are contracted to a local agency. Please note departure times are 3hrs prior to your flight departure from your accommodation.

 

Surf guiding

You accept that SM are merely guiding the guest to surf beaches and that guidance is for informational purposes only and is not meant as expert advice or opinion and is not intended to be relied upon as surfing or safety advice and that SM are not in any way responsible for clients safety or for injury or death whilst surfing.

 

Surf Hire equipment 

Rental of any surf equipment will require the renter to sign and accept the following waiver. 

The undersigned …………………………… voluntarily makes and grants this waiver and assumption of risk in 
favour of Africa Surf Company / Surf Maroc. I do hereby waiver and release any and all claims of  
negligence or strict liability arising out of my use or misuse of products provided while testing or renting 
including surfboards and surfboard fins or is a hazardous activity with inherent risks and dangers such 
as the possibility of injuring myself or others, damaging the rented board or the board of others, or even 
death and which I nonetheless accept.
As a condition for the use of this surfboard and fins I will assume all responsibility for any injury or 
damage of any nature and extent caused by or resulting from my use or misuse of the products. I agree to 
use my best judgment in undertaking this activity (surfing) and faithfully adhere to all safety instructions 
and recommendations whether written or oral. I will further assume all responsibility for returning the 
surfboards and fins in good condition.  I agree to pay for any damage incurred to the surfboard during my 
use of it and agree that the minimum repair fee is 300 Dirhams. Lost or damaged wetsuits will be charged
 with a damage fee of  900 Dhs.   
I also understand that any major structural damage, partial or complete snaps and creases which 
cause a permanent weakness will require the board to be replaced.  This will be charged to the 
renter at the board’s cost price. The damaged board will be replaced with a new one. The
damaged board is then the property of the 
renter. 
WE PRESERVE THE RIGHT TO COLLECT, THROUGH PRE-AUTHORIZATION, 5000 DHS 
PER SURFBOARD AS DEPOSIT FOR INCIDENTALS OR DAMAGE.
 
I hereby certify that I am a competent adult assuming the risks of my own free will, being under no 
compulsion or duress.

 

Self catering holidays

Our self catering apartments are not, in most cases, owned by Surf Maroc. They are rented independently or through letting agencies such as Home Location or Promahdia s.a.r.l. The apartments provided for self catering holidays are not always the same apartments as are shown on the website.

Liability: Surf Maroc accepts responsibility for ensuring the holiday you book with us is as described in the brochure and the services offered reach a reasonable standard. If any part is not provided as promised, we will pay you the appropriate compensation if it has affected your enjoyment of the holiday.

Complaints: If you wish to make a complaint or claim whilst on holiday you must report it to the relevant supplier of the problem in question and to our Surf Maroc representatives, thereby giving them the opportunity to remedy the problem. We cannot accept any liability whatsoever if we are not informed immediately, of any problem during your stay. Complaints not resolved completely in resort should be made in writing within 28 days of the end of the holiday. We will not accept liability for claims received after this period.

 

Holiday termination and indemnity

While staying with Surf Maroc, clients are expected to behave in an orderly and acceptable manner and are expected to accept responsibility for the conduct of themselves and their party. Should their behaviour threaten the condition of the accommodation or vehicles or seriously impair the enjoyment of other guests, Surf Maroc reserves the right to refuse to further accommodate the guilty party and contractual obligations will be terminated. The guilty party will be liable for the cost of any damage caused.

 

Insurance

Everyone booking a holiday with Surf Maroc must have full travel insurance. Surf Maroc accepts no responsibility for loss theft or damage to persons or property during their stay. Guests must obtain their insurance independently

 

Surf and weather

In the event of poor weather or poor surf, the passenger shall have no claim against SM or the operators. 

 

Transfers: i

Agadir Airport: It may sometimes be necessary to combine, on certain transfers, customers arriving or departing on more than one flight. It may require additional waiting time at your airport or resort. Sometimes our airport transfers are contracted to a specialist local agency. Maximum waiting time at the airport is 60 mins. Please note departure times are 3hrs prior to your flight departure from your accommodation. SM take no responsibility for death or personal injury caused through the use of this service. 

 

Transfers: ii

All transfer not to Agadir airport are booked on behalf of the client and no contract will exist between SM and the client for the provision of this service. All monies for such services are payable directly to the service provider. SM accepts no responsibility for injury, loss, damage, accident, delay, irregularity or costs incurred that may arise from the use of these services.  SM can give no guarantee of exact times or arrival or departure of any service and will not be liable for failure to make connections to other services.

 

Health & fitness

It is your responsibility to ensure you have a suitable level of fitness to undertake your surf trip or yoga retreat. Seek the advice of your doctor for specific health recommendations for travel to the region you are visiting and/or for any pre-existing health concerns. SM reserves the right to ask for a current medical certificate stating you are fit to partake on a trip. Any medical expenses or related costs incurred during your trip are not the liability of SM. 

 

Passports and visas 

It is the passenger’s responsibility to carry a valid passport and have obtained the appropriate visas when travelling with SM. Please ensure passports are valid for a minimum of 6 months beyond your date of arrival for the trip/tour.