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Business Partners Terms & Conditions

Article 1: Aim of the Charter of Use

This charter is designed to specify the contract conditions and usage of the website services by the Providers and Properties owners on www.destination-surf.com.

Article 1.1: Accepting the Charter of Use

Any person or company agreeing to be identified as Provider/Property owner accepts the charter terms and conditions, which are a binding contract between DESTINATION SURF and the Provider/Property owner.
The Provider/Property Owner declares to unconditionally accept the General Conditions of the website and abide by the articles where involved as Provider/Property Owner, as well as the conditions of use detailed hereafter.
It is reminded that DESTINATION SURF reserves the right to change the terms, conditions and comments of this Charter of Use at any time. 

Article 2: Description of the services and functionalities DESTINATION SURF

The Provider/Property Owner that wishes to offer his surf travel packages on the DESTINATION SURF website commits himself to use the website functionalities :

  • Mandatory subscription to a Business Pro account :
    This subscription allows a dedicated Back Office system and Dashboard to be put at their disposal.
    DESTINATION SURF reserves the right to refuse the subscription and the publication of accommodation packages, trips or cruises, which have no direct link with surf trips, do not meet the minimum quality standards, are not able or willing to provide all the legal documents regarding the company and activities, or considering too high a number of Providers/Properties Owners for a specific Range of Products or Deals.
  • Listing Offers on the Business Dashboard :
    Permits the listing of information and modification of the categories in the product form featured on the website, with details of the accommodation, the services, pictures, videos, Google maps, fares and terms and conditions of the Provider/Property Owner. Validation of the product form and its elements as well as all modification made on the product-forms will be subjected to an alert system for validation by DESTINATION SURF of these modifications, with notably the correction of the English-French translation of the product form.
  • Use of the Messaging System:
    Dedicated tool for liaising with the Client in order to give him information and describe the advantages of the package (a translation tool is also included in the messaging system)
  • Additional tools available:
    Status of the quote requests, Travel Documents, summary of the trip-files, sales status, personal information about the account and the company, recommendations and reviews about the packages, currency change tool with a daily update, message translation tool.

Article 3 – Information and services supplied by the Providers/Properties Owners on the DESTINATION SURF website

1. Information about the content:

The Providers/Properties Owners acknowledges being responsible for all the electronic communications and the content sent from their equipment connecting to the website (computer, tablet, Smartphone etc.) via the messaging system left at their disposal in their Pro space, and that they must use the Service supplied by DESTINATION SURF while abiding to the applicable laws.
The Providers/Properties Owners provide all the content material (such as notably images, sounds, videos, pictures, logos, brands, text and all other type of data) under their own guarantee. The Providers/Properties Owners guarantee the accuracy, the complete and/or updated character of the information and/or content, as well as the availability of these elements and tools.
In the case of DESTINATION SURF’s responsibility being implicated for usage of the information and/or the content provided and/or the tools at disposal on this website, the Providers/Properties Owners give complete guarantee to DESTINATION SURF, in particular regarding the financial consequences and charges including fares for lawyers hired by DESTINATION SURF.
The Providers/Properties Owners guarantee that they are the owner of all the contact details given on the website, all the rights, content materials, data, documents or information of all kind displayed and/or brought into play on the website, in particular the copyright on the content material supplied in their admin space and that appears on the page of the website accessible by the client (opinions, recommendations, comments, pictures, videos). They give to DESTINATION SURF for free and irrevocably a right of enjoying the benefits as well as utilising the content material in all its forms and in every media (in particular in the press, on the Internet and on mobile platforms of telecommunication) as long as their partnership lasts. The enjoyment of the benefits includes in particular the right to copy, the right to broadcast, as well as the right to publish the content material on the DESTINATION SURF website.
In the case of the Providers/Properties Owners not being themselves the owners of the rights of the content, supplied by them, they guarantee that they own all the transfer of the rights, licenses, authorisations, agreements and other similar elements. In the case of the Providers/Properties Owners violating one or several guarantees, they cover DESTINATION SURF against any responsibility towards a third party as well as any sentence of financial compensation as a result of this violation.
The Providers/Properties Owners agree that their pictures and/or texts could be moved to other sections in order to improve their presentation. Moreover, they agree that their contents could be edited or translated into other languages by DESTINATION SURF to a certain extent and under the moral respect of the copyright.
The Providers/Properties Owners guarantee that information transferred while updating their Business space is done in their name and they are responsible for the known or unknown mistakes and omissions and any subsequent possible legal consequences.
Moreover, the Providers/Properties Owners covers DESTINATION SURF against any claim action and complaint of any sort, and notably financial compensations, that a third party could formulate due to a fraudulent use of any personal nominative data and will give financial compensation notably to DESTINATION SURF in the case of a sentencing and possible defence expenses as a result of such court claims formulated by third parties.

2. Information about activity:
The Providers/Properties Owners declare that their activity is legal and complies with the country’s law and provides DESTINATION SURF with all the updated guarantees of their activity.
The documents will have to be downloaded to the “My Account/Legal Documents” section of their dashboard (in Word or PDF format) :

  • Legal Status of the company and (or) of the building
  • Insurance for hosting, transport and transfer vehicles, sport facilities
  • Business liability
  • Transport license
  • Certificate delivered by the local authorities with regards to teaching and supervision of water sports (in the service provider’s name and in the name of anyone who will be directly involved in the service provided on the location).

DESTINATION SURF reserves the right to remove from the database any product that would not, or not any more, match the aforementioned description, which expected quality standards would not be met or that would break the above-mentioned rules.

Article 4 – Use of the website

DESTINATION SURF acts as a middleman between the Client and the Provider/Property owner offer to put them in touch with each other on their website to set up the trip together.
It is understood that the Provider/Property Owner accept to apply the conditions of usage stated below :
The contact with a local Provider/Property Owner to organize a trip will be effective after the Client, registered on DESTINATION SURF website, had previously selected a Product Offer within the product pages of the website by clicking on the “Contact – Reservation” button.
The Provider/Property Owner agrees to reply to the Client within 48 hours maximum (taking into consideration the country’s local time) via the dedicated messaging system on their Dashboard.
The Provider will exchange several times with the Customer via the messaging system in which he will fulfill a quote form to be sended to the Client - The quote is valid for 72 hours and off at the end of this period, if the customer does not confirm the reservation. If not timely confirmation, the Customer must make a new request to the Provider who will establish a new quote, based on availability. On the quote, will be clearly displaying the details of the services, local taxes and any surcharges.
The client will accept the terms and conditions of the website and will be redirected to the payment section of the DESTINATION SURF website.

Article 5 – Providers/Properties Owners Obligations

The Provider/Property Owner agrees to :

  • Feed his product sheet available in his Dashboard Product section. Each section should be appropriately filled-in to provide a maximum of elements viewable on the website (texts, photos, videos, Google maps…). The product sheet will be validated beforehand by DESTINATION SURF.
  • Provide Special Offers, which fares, discounts will be clearly identified on the website in a dedicated space on the product sheet.
  • Live update of the product sheet, at the same information level, same fares and special offer advantages as on their own website or any other website displaying their offer at the same dates and for the same services provided.
  • Reply to the message request of the Traveller within 48 hours maximum (taking into consideration the country’s local time). Any unjustified or repeatedly late answer could jeopardize the partnership at the initiative of DESTINATION SURF.
  • Send a full quote, properly written, answering to all the asked questions, precisely and clearly, and relevant to the information or quote request.
  • Do not confirm prices higher than those displayed on the website in their “Fares” section.
  • Communicate in writing the full price of the trip with the details of the service provided and clearly mention the local taxes and additional services provided.
  • Only use the Messaging system provided via the website Dashboard to communicate with the Traveller. Do not try to contact the latter directly at the time of the sale or later, by other means (client’s private email or telephone) nor use the client’s contact details for commercial purposes for their own website benefits, with the consequence of the contract with DESTINATION SURF being immediately revoked and offers removed from the website.
  • Inform DESTINATION SURF of their absence, no matter how long it is, when the Provider/Property Owner is not able to reply within the given time.
  • Inform the client about the service providers he could be using on site (material rental, surfing lessons, transportation, airport transfer…). The Provider/Property Owner is alone responsible for these subsidiary service providers before the Client, as middleman between them and the Client. They have to do their best to ensure the quality and the safety of the services provided by these subsidiary service providers.
  • Provide, on the DESTINATION SURF website, the invoice with all fields relevant to the trip purchased, and that will be left at the client disposal by DESTINATION SURF in the Client Dashboard, after confirmation of payment of the trip on the website.

Article 6 – Non Responsibility of the Providers/Properties Owners

The client will accept the rules stated in the DESTINATION SURF Users Terms and Conditions, which are given to him at the time of the booking. These rules aim to ensure the good course of the trip program, especially in terms of safety.
The Provider/Property Owner cannot be accountable to the Client for :

  • Forgetting, loss, theft or damage of personal items;
  • Damaging consequences following an unavoidable event (bad weather conditions, natural catastrophe, political problem, strike);
  • Damages done by other clients;
  • Consequences related to delays, stoppages or cancelations of flights of air transportations;
  • Consequences related to timetable or airport changes;
  • Consequences related to delays, stoppages or cancelations of land transportations;
  • Consequences related to delays, stoppages or cancelations of rail transportations;
  • Non respect of timetable due to the Client’s fault.
  • Possible cancelation of the trip by the Client in the case of missing elements or neglecting from his part, and the due fares, in the case of administrative problems, visas, vaccinations.

Any client activity that is not part of the trip program, as agreed in the trip contract or suggested by the Provider/Property Owner with a third party service provider, do not fall under the Provider/Property Owner guarantee.
Clients will have been given from DESTINATION SURF and have exerted their choice to be covered or not by insurance, subscribed on site or outside the site, during their trip abroad as well as in France. It is not the Provider/Property Owner to check this matter and they cannot be accountable for anything in the eventuality of a problem.
It is to be noted that, in the eventuality of problems in the good course of the trip program, DESTINATION SURF expects Provider/Property Owner, considering his experience in surf trip organisation and his knowledge of the destination, to take the most appropriate decisions and solve any argument, on a case by case basis, by a mutual agreement.
The Provider/Property Owner will always try to find a replacement solution on site.

Article 7 – Price:

Displaying the fares:
The fares are displayed on the website in euros by default in compliance with the French legislation (this can be changed by the client for information in the currency of his choice via a currency conversion tool available online)
The Provider/Property Owner agrees to update his fares on the website. The input of the Provider/Property Owner’s fares will only be done in euros or in dollars (a currency conversion tool is included in the Dashboard section)
The fares displayed at the time of purchase by the client must match the price to be paid by the client.  Any exceptional modification has to be clearly justified and mentioned in time by the Provider/Property Owner.
Prices will have to be confirmed with the client at the time of the booking request.
Any increase or change in the fares displayed on the price list of the website and that would be mentioned in the final price given to the client, will have to be clearly justified.
Any omission or negligence in updating the fares on the website, with no link to exchange rate variation, will be the responsibility of the Provider/Property Owner.
The Provider/Property Owner agrees to communicate to the Traveller, through the dedicated Messaging system, the total price of the trip with details of the service provided, the subsidiary services provided if any, and clearly mention all taxes and additional services.
The Provider/Property Owner can make Special Offers on the DESTINATION SURF website, whose fares and discounts will be updated by the Provider/Property Owner and clearly identified in a dedicated thumbnail on the product sheet. DESTINATION SURF will be in charge of the promotion and the display of these Special Offers through their website and others media.

Fares guarantee:
The Provider/Property Owner guarantees to supply DESTINATION SURF with the best price in the market regarding the Offer to be displayed on the website and will have to make any adjustment fares on the DESTINATION SURF website if necessary.
In the eventuality of an omission of an update or a fare difference noticed by the Client when establishing a quote or making a booking – with the exception of a change in the exchange rate on the day, applied to the Client – the Provider/Property Owner will adjust the price to the fare stated on his own website or on any other site or way providing the selected Offer (for the same dates and services provided). If eventually the Client decides to register on the Provider/Property Owner website or on any other website where the price is different and cheaper, the commission for the chosen Offer will nevertheless be paid to DESTINATION SURF by the Provider/Property Owner.

Loyalty:
In the case of proven redirection of a client registration towards the Provider/Property Owner website for an offer similar to one displayed on DESTINATION SURF website, the Provider/Property Owner will be obliged to give compensation equal to 5 times the amount of the commission due as per the commercial agreement and will be removed from DESTINATION SURF website.

Article 8 – Registration / Payment

The Provider will exchange several times with the Customer via the messaging system in which he will fulfill a quote form to be sended to the Client - The quote is valid for 72 hours and off at the end of this period, if the customer does not confirm the reservation. If not timely confirmation, the Customer must make a new request to the Provider who will establish a new quote, based on availability. On the quote, will be clearly displaying the details of the services, local taxes and any surcharges.
After accepting the Users Terms and Conditions of the website, the Client will be automatically redirected towards the secure payment section of the website.

DESTINATION SURF is in charge of the collection of the client’s trip payment (deposit and balance).
A booking will only be effective after the collection of the deposit paid by the Client.
DESTINATION SURF proposes to the Clients several secured online payment methods (Credit Cards: Visa, MasterCard, American Express) A paid deposit confirmation message and a reminder of the balance will be available on both the Client and the Provider/Property Owner dashboards.
DESTINATION SURF keeps at the client’s disposal the invoice relevant to the amount confirmed by the Provider/Property Owner. This document is available on their own dashboard in the “My Bookings” section.

Clients Bookings conditions:

  • For any booking made earlier than 60 days from departure date :
    30% deposit
    Outstanding balance 60 days before departure date
  • Registration later than 60 days from departure date :
    Total amount to be paid in full at the time of registration
  • Apartment and Villa rentals : 50% at the time of booking
    Deposit non refundable in the case of cancelation no matter what the date is Outstanding balance 60 days before departure date
  • Boat Cruises : 50% at the time of booking
    Deposit non refundable in the case of cancelation no matter what the date is
    Outstanding balance must be paid 90 days before departure date
    The full amount of the cruise will be asked for any booking made later than 90 days from departure date.

Providers/Properties Owners Payment Conditions :
All the payment elements, invoices and vouchers are available and automated in the “My Files” section of the Provider/Property Owner’s Dashboard. For each sale the Provider/Property Owner will issue, through his Dashboard, an automated invoice form to DESTINATION SURF, corresponding to the amount of the trip, minus the commission due as per the commercial agreement.
All the details of the service provided will be mentioned on the invoice, including local taxes and additional services. Payment of the price of the trip will be made by DESTINATION SURF to the Provider/Property Owner, minus the commission due as per the commercial agreement, by bank transfer at DESTINATION SURF’s expense, 30 days before departure date. Any local bank charges in your country are at your expense. In case of a problem with the bank transfer due to a mistake from the Provider/Property Owner, the possible charges will be at their expense.
The Travel Documents and vouchers, based on the invoice information given by the Provider/Property Owner, will be available in the Client Dashboard as soon as the whole online trip purchase will have been finalized.
This voucher has to be printed by the client and will have to be given to the Provider/Property Owner upon arrival on site.

Article 9 – Cancelation

Any cancelation must be notified by the provider to DESTINATION SURF.

Article 10 – Failure from the Provider/Property Owner

The Provider/Property Owner must inform DESTINATION SURF of any change of legal status, administrative or other issues they are involved with. These elements or their absence of information can result in an addendum to the contract or the revocation of the contract between DESTINATION SURF and the Provider/Property Owner.
DESTINATION SURF will invoice the failing Provider/Property Owner the amount of the fares consecutive of the creation of a new Client file (buying new rooms, added cost, cancelation fees, subsidiary service providers) and will take legal action for compensation for the loss, with reference to the French legislation and in front of the tribunal of DESTINATION SURF head office. .

Article 11 – Cancelation of services

DESTINATION SURF reserves the right to cancel at any time the Provider/Property Owner Business account in the event of a breach of the Charter of Use, and/or of these Providers/Properties Owners terms and conditions of sale, or the disrespect of one of the Providers / Properties Owners duty. Any personal data regarding the Provider / Property Owner will then be deleted.
Without it being an obligation for DESTINATION SURF, they reserve the possibility to perform some checks, punctually, in a one-sided manner or following a request from a third party, aiming to verify that the Provider / Property Owner respects the whole terms and conditions as well as any other complementary or additional contract document. These verifications could, should it be the case, result in the Provider / Property Owner account being put on hold or revoked.
The Provider / Property Owner can also ask DESTINATION SURF to completely delete their Business account and their content, unless the orders are being processed. Once the last order will have been processed and all the outstanding balances owed to DESTINATION SURF paid, then the Provider / Property Owner data will be deleted.

Article 12 – Providers / Properties Owners Terms and Conditions

The visibility and the communication of the providers offers on DESTINATION SURF are free of charge. The provider agrees to grant a commission to DESTINATION SURF up to 15% on its public rates VAT included on all its offers.

Article 13 – Advertising

According to usage and practice on the Internet, advertising can be inserted on the website and notably on the Provider / Property Owner special offers pages. To that end DESTINATION SURF has a total freedom regarding the choice of advertisers, of displays of the advertising but also their position.

Article 14 – Validity

Should one or more of the present dispositions be or become null, non-opposable or non-valid partially or as a whole, the other dispositions will not be affected in any way. DESTINATION SURF and the Provider / Property Owner agree to apply, in this turn of event, a new disposition that will be, from an economic point of view, as close as possible to the non-valid disposition.

Article 15 – Contact details

reservations@destination-surf.com
For any information request, inquiry about partnership, subscription, complaint, commercial matter.
reservations@destination-surf.com
For any request regarding advertising partnership (banners, advertising space, social networks or various commercial partnership).
reservations@destination-surf.com
For any technical issue related to your Business account, editing of your product sheets, invoice or any service provided to your client.
Or in writing:
DESTINATION SURF - 2 rue Louise Weiss, APPT F61 - 31200 Toulouse - FRANCE

Article 16 – Applicable law and qualified jurisdiction

The content of the www.destination-surf.com website is created according to French laws.
This concerns as much the substance rules as the form rules and its content will be estimated only by competent French jurisdiction. The rules of law conflicts are excluded to the benefit of the complete and unreserved French law.
Any dispute in relation to their interpretation and/or their execution falls under the authority of the Tribunal de commerce of the city of TOULOUSE.

©2013 DESTINATION SURF 2013 – Any reproduction even partial of these Providers / Properties Owners Terms and Conditions without written authorization is forbidden and punished by the law.

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