This Waiver and Release of Liability Agreement is intended to be a legally binding document. By accepting this Waiver and Release of Liability Agreement, you indicate you have read and accept all terms and conditions below. Justsurf, has arranged for you to rent surfing equipment, including but not limited to surfboards and wetsuits. All persons renting and/or using rented items are required to accept the terms of this Agreement prior to rental. IN CONSIDERATION of, and as an express condition to, your rental or use of a surfboard and surfing equipment(s) from JustSurf, you agree to the information stated in this document.
JustSurf takes full responsibility for the Services provided to the Customers. The customer agrees that the host (the person/entity that recommended JustSurf’s Services) will therefore not be a party to (and will not be responsible for the performance of) any Service through the JustSurf website.
(a) In the Terms:
(i) Headings are for convenience only. They have no influence on the construction or interpretation of the Terms.
(ii) Words or phrases used in the plural form include the singular and vice versa. Any gendered term or phrase includes all other genders.
(iii) The phrases “such as”, “including” or similar phrases or expressions must be understood as introducing a non-exhaustive list of items and must be read as including the phrase “but not limited to”.
(b) Any Clause containing an obligation to refrain from doing something or taking any action includes obligations (i) to not cause such thing to be done or such action to be taken by others and (ii) to deploy one’s best efforts to prevent others from doing such thing or taking such action.
These Terms set out the terms and conditions of use of the Services, as well as the terms and conditions under which Services can be booked (and result in the customer entering into an Service Agreement).
By the mere fact of using the Services, the customer accepts the application of the Terms. Notwithstanding the foregoing, JustSurf is entitled to require from time to time, as a condition precedent to the (further) use of the JustSurf Website, that the customer would expressly confirm their acceptance of the Terms, including by “tick-the-box” solutions.
These Terms are exclusive of any other contractual documentation in relation to the use of the Services, unless specifically accepted in writing by JustSurf. The Customer is hereby made aware that the Service Agreements may comprise other terms and conditions as negotiated with the Provider.
JustSurf offers a surf, SUP and kayak delivery Service to the Customers. JustSurf’s Services include facilitating communications and the booking process for the Customer through tools such as interactive equipment guides, video guides, e-mails, etc. As a part of this Service, JustSurf can be contacted by the Customer to obtain assistance and advice in their search for the right equipment.
JustSurf puts a payment Service at the customer’s disposal by which, subject to the relevant Provider’s agreement, the Customer can validly effect payments due under an Service Agreement. The customer is aware that these payment Services may be provided by third parties (such as Stripe, credit card companies or other payment Service providers) and that they may therefore be subject to additional terms and conditions and costs.
JustSurf’s obligations in performing the Services are, to the fullest extent permitted under Applicable Law, best efforts obligations. JustSurf shall incur no liability for any delay or breach of these Terms unless the customer demonstrates that JustSurf has dedicated insufficient commercial resources or efforts reasonably required to perform the Services in accordance with the Terms.
The customer acknowledges that the provision of the Services is contingent upon JustSurf being and remaining properly supplied. JustSurf cannot therefore guarantee that the Services will be available without interruption or on an error-free basis. If and when the Services are interrupted due to events not attributable to JustSurf (such as power outage, internet failure, payment Services downtime, or any other interruptions as there may reasonably be in the general course of business), the only obligation of JustSurf shall be to provide the customer, to the best of its abilities, with information about such interruption of the Services and the estimated duration of such interruption. JustSurf shall not be liable for any damage suffered by the customer in respect of such an interruption.
JustSurf is constantly changing and improving the Services. JustSurf may add to or remove functionalities or features from the JustSurf website which may result in the suspension or discontinuance of a Service.
In supplying the Services, JustSurf shall:
(a) perform the Services with reasonable care and skill; and
(b) comply with all Applicable Law and take full responsibility for obligation relating to it's Services.
The Customer can search what service and equipment are available by selecting delivery and pickup dates. Customers can then use interactive guides, read descriptions or contact JustSurf to determine the right equipment. Equipment will appear as sold out if none is available during the selected dates. JustSurf will increase stock for items depending on demand.
In general, if a Customer cancels a service, the amount refunded to them is determined by the cancellation policy. Customers are responsible for any booking modifications they agree to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with such modification.
(a) The customer is aware that surfing is an activity that involves the risk of injury or even death. Sport, specifically surfing carries with it a degree of risk to both people and property, even if enjoyed under proper supervision by qualified instructors. It is also a strenuous activity that requires those taking part to have a reasonable standard of swimming and fitness. The customer hereby acknowledges that they are responsible for their own suitability to surf or participate in watersports and is strongly encouraged to consult a physician prior to participation should they have any concerns, such as, but not limited to, pregnancy or physical impairment, including but not limited to swimming ability. The JustSurf does not seek to limit or exclude any liability for personal injury or loss of life which may occur as a result of its own negligence or that of its employees, officers or agents however, the JustSurf assumes no liability in respect of any personal injury, loss, damage, consequential loss or third-party claims which occur through no fault of its own, its employees, officers or agents.
(b) Customers are responsible for their own acts and omissions and are also responsible for the acts and omissions of anyone they invite to join or provide access to any Service. For example, this means: (i) Customers are responsible for leaving any equipment (and any related property) in the condition it was in when they arrived, (ii) Whereas the JustSurftakes all reasonable measures to ensure the safety and good condition of the equipment prior to the rental period, the customer is responsible for reporting immediately any damages caused to the equipment or which becomes apparent whilst the equipment is in my possession. Customers are responsible for paying all damage amounts reasonably necessary to cover damage that a Customer causes to the equipment or property, and (iii) Customers must act with integrity, treat others with respect and comply with Applicable Law at all times. If Customers are booking for an additional Customer who is a minor, they must be legally authorised to act on behalf of the minor and you are solely responsible for the supervision of that minor.
(c) The customer agrees to pay for the 50% fee of the lesson cost in the event that they cancel up to 24 hours before the start of the lesson. A medical declaration form must be filled in before a participant can take part in the lesson. The customer agrees that JustSurf do not accept any liability for loss or injury caused by failure to accurately complete the declaration form. The customer agrees that they will not participate in any activities if they are pregnant or suffer from a heart condition, and if they do participate by falsifying information, they agree that JustSurf do not accept any liability for loss or injury. The customer will sign for participants as either a parent or guardian for those under the age of 18. By participating in a lesson, the customer has confirmed that they can swim a minimum of 25 meters, and if they cannot swim and have been told they can't participate, no refund will apply. In the event that the customer doesn’t pay before the start of the lesson, they agreed that JustSurf have the right to cancel the lesson and charge a 50% cancellation fee of the original lesson cost. In the event that the customer group size drops in number, and they do not inform JustSurf within 24 hours of the lesson start, the customer agrees to pay the original amount for the lesson. The customer confirms that they and other participants in their party are not under any influence from drugs or medication that may affect our physical ability, and gives the right to the JustSurf to cancel the lesson without a refund in such an event and charge a 50% cancellation fee of the original lesson cost. The Customer agrees to leave the lesson without a refund if they fail to abide by all instructions given by JustSurf and its instructors. When booking on behalf of others, the Customer has ensured that all other participants in their party have read and understood all terms and conditions.
Browsing the JustSurf Website is unrestricted. However, only adult customers with full capacity of entering into legally binding relationships are authorised to book a Service
At any stage in the booking process, customers may be requested by JustSurf, whether punctually or by way of online forms to be filled in, to provide certain information, including personal data (which, if provided to JustSurf, shall then be processed in accordance with the intellectual property policy). The Customer may refuse to provide such information, but this may result in JustSurf suspending any Services to the customer or in the inability of the customer to use all features of the Services. The customer guarantees that any information provided to JustSurf is truthful, not misleading and complete.
The purpose of the JustSurf website is to enable JustSurf to provide the Services to the customer.
Any content made available on the JustSurf website (including content created by JustSurf) is only informative.
The customer may not:
(a) use the JustSurf website for any other purpose than those enumerated under JustSurf’s responsibility clause;
(b) The JustSurf website where such use (1) violates any Applicable Law or regulation; (2) violates or is detrimental to the rights or interests of JustSurf (including intellectual property rights) (3) interferes with or otherwise harms the use and/or effective functioning of the JustSurf website; (4) provides customers with (unauthorised) access to personal data of other customers or employees or business partners of JustSurf or otherwise amounts to hacking or other forms of prohibited virtual behaviour; or
JustSurf reserves the right at all times to carry out any investigation to identify breaches of this Clause, and to take all action deemed necessary to prevent and/or terminate any unauthorised use of the JustSurf website (including permanently or temporarily banning the customer from further use the JustSurf website if it deems fit to do so).
The JustSurf website may contain links and/or references to the websites of third parties, which have their own terms of use. Where present, these links and references are made available to enable customers to quickly and easily consult additional Services provided by these third parties. JustSurf is not responsible for the content and/or quality of the websites referred to, and it does not endorse their content. The access to and use of these websites is not subject to these Terms, but to the terms and conditions of the concerned third parties.
The JustSurf website provides payment options that allow the Customer to book and pay immediately or use a deposit scheme (10% deposit fee, with the rest being paid a week before delivery).
If interested in a Service offered on the JustSurf website, the Customer must make a Booking to either JustSurf (as the case may be) via the JustSurf website. Such Bookings must contain at least the following information
(a) The customer’s identity and contact information;
(b) The customer’s billing address;
(c) A reference to or a description of the desired Service;
(d)The desired Service dates.
The customer is entitled to cancel his Booking at any stage prior to entering into an Service Agreement. Cancellation of a concluded Service Agreement is subject to the terms of the cancellation fee Clause.
JustSurf is entitled to:
(a) accept a Booking Request;
(b) modify a Booking Request regarding availability;
(c) to decline a Booking Request;
(d) or to engage with the Customer in order to obtain or provide further information.
The Customer will be provided with a Booking Confirmation setting out the booking details, including the Service Price.
Acceptance of the Booking Request is subject to the Customer paying the (deposit on) Service Price and in accordance with the payment instructions provided on the JustSurf website. Only upon receipt of such payment by JustSurf will an Service Agreement be formed between the customer and JustSurf. JustSurf will issue a booking confirmation containing an electronic copy of the accepted Booking Request and confirmation of receipt of the customer’s payment as soon as practically possible. Save for any additional information or documentation required by law, the Service Agreement’s terms consist of the Booking Request and Booking Confirmation.
JustSurf is responsible for invoicing any amounts due under an Service Agreement to the Customer. Save for contrary provisions in the Service Agreement, the Customer will be able to pay any amount due to JustSurf under an Service Agreement as follows:
(a) Wire transfer into JustSurf account (acting as the Provider’s collection agent); or
(b) Credit Card: we use Stripe, a widely reputed payment processor, to guarantee that your payment will be secure.
The provisions of this are standard cancellation terms that will be reflected in the Service Agreement, unless outlined on the Website at the time of booking the specific Service.
The customer has the right to withdraw from an accepted Service Agreement at any time. Such withdrawal must be notified by e-mail or WhatsApp (and only by e-mail pr WhatsApp) to JustSurf. The customer does not need to justify his decision. Withdrawing from the Service Agreement in accordance with the cancellation fee clause, comes at no cost and the Customer will be fully refunded of any payments made in relation to the Service.
The Customer is solely responsible for abiding by the obligations set out under the General Clause and, more generally, for procuring any Services or goods necessary to perform the Service that are not included in the Service Agreement. If the Service Agreement cannot be performed or must be interrupted due to the Customer’s failure to abide by these obligations, or due to such Services or goods being unavailable this shall be deemed to amount to a cancellation of the Service by the Customer.
Unless agreed otherwise in the Service Agreement, in exceptional circumstances (such as local red flagged beaches or illness of JustSurf) that, in the sole opinion of the JustSurf, make the performance of the Service impossible or unsafe, the following procedure will apply:
(a) JustSurf will inform the Customer as fast as reasonably possible;
(b) He will propose an alternative Service or date similar to the initial Service; or
(c) He will propose to postpone the Service until a later date; or
(d) In the case where JustSurf proposes an alternative Service, the Customer will have to accept this alternative Service or it will be deemed to be a cancellation by Customer and a full refund will apply. In the case where the JustSurf cancels or JustSurf proposes a postponement or substitution by another Service and the Customer refuses such proposal, then the Customer shall, as a sole remedy, receive a full refund.
In case of cancellation within 24 hrs of an Service by the Customer, an Cancellation Fee of 50% of the Service Price is due to JustSurf. The cancellation fee is only due if the Customer does not make attempts to rearrange the booking as determined by JustSurf.
(a) JustSurf will invoice the Customer for any outstanding fees. These invoices are payable within 5 days of issuance (unless otherwise agreed by JustSurf). The Customer acknowledges and agrees that JustSurf is entitled to retain payment of these fees by set off against any amount or refund due to the Customer under these Terms or under the Service Agreement.
(b) In the event that JustSurf has already paid the Customer is due a refund then JustSurf will invoice for the appropriate amount. These invoices are payable within 5 days of issuance (unless otherwise agreed by JustSurf).
(a) Save for any mandatory legal obligation of the Host (person/entity recommending JustSurf Servies) to the contrary, the Host is not and will never be a party to and will not accept any responsibility or liability towards the customer regarding the performance of any Service Agreement brokered between JustSurf and the customer.
(b) The customer is solely responsible for researching, obtaining and abiding by any specific insurance requirements. The Customer is solely responsible for assessing whether the Service Agreement matches their skills and abilities. If, at any time, JustSurf deems that the Customer (or any member of his travelling party) is unfit to perform the Service safely, this shall be considered as a cancellation of the Service by the Customer and the cancellation fee Clause shall apply.
To the fullest extent permitted under the Applicable Law:
(a) JustSurf disclaims any and all liability towards the customer for indirect, immaterial or consequential damage;
(b) JustSurf is no way (legally or otherwise) responsible for any accident, injury, or damage that occurs as a result of the Customer's participation in the Service. The customers are responsible for any such accidents, injuries, or damages.
(c) JustSurf’s liability towards the customer for any damages shall, on aggregate, be limited to the higher of (i) GBP 1,000 or (ii) the Service Price.
When participating in a Service, the safety and wellbeing of the Customer is the responsibility of the Customer alone. As a Customer, if you have any doubts regarding the safety of a Service or the equipment provided in connection with a Service, then it is the Customer’s responsibility to take necessary steps to mitigate such risk. Such steps could include not partaking in the Service. Should the Customer decide not to participate, that will be deemed as cancellation by the Customer in accordance with the Cancellation Fee Clause.
The JustSurf is solely responsible for ensuring that they are properly insured to operate the Service described on the website in terms of indemnity and public liability.
JustSurf is committed to protect the customers’ privacy. The customer consents to the collection and processing of his personal data in accordance with the privacy policy.
Except in cases where the communication of personal data to a third-party company is required to achieve the purposes set out in the privacy policy or to perform the Services, JustSurf shall refrain from divulging, selling, leasing or exchanging the personal data to any company or entity other than a company or entity affiliated to JustSurf, without the prior explicit approval of the customer.
The customer can receive insight or ask for modification or deletion of its personal information by e-mail to team@justsurf.co.uk. The customer can also opt-out of any use of his/her personal information in direct marketing activities by submitting a corresponding request to JustSurf.
All intellectual property rights from, in and to the Website and/or the JustSurf website and the content thereof, including inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs, specifications, methods, procedures, algorithms, data, technical data, interactive features, system scripts, graphics, photos, sounds, music, videos, (source and object code), files, interface and trade secrets and the like, whether or not registered and JustSurf trademarks, Service marks and logos contained therein (collectively “Intellectual Property“), are solely owned by or licensed to JustSurf, and/or subject to copyright and other intellectual property rights under European, foreign laws and international conventions. Except as provided herein, the customer is not granted, either expressly or by implication any license or right to use any of the Intellectual Property without the prior express written permission of JustSurf.
Authorising a customer to access the Website and/or the JustSurf website does not imply the waiver, transfer, licensing or full or partial assignment by JustSurf of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the JustSurf Website are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicising, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the JustSurf Website for public or commercial purposes are also prohibited, save with JustSurf’s express written authorisation or, where applicable, that of the owner of the rights concerned.
The Terms are severable. If any of the provisions of the Terms are deemed null, void, or otherwise unenforceable by a competent authority, this will not affect the remainder of the Terms and the Parties will renegotiate a lawful provision the effects of which are as close as possible to those of the nullified provisions of the Terms.
No action or omission of JustSurf shall be construed as a waiver of any right or remedy available to JustSurf under the Terms or Applicable Law. Any waiver of JustSurf shall only be valid in writing.
JustSurf reserves the right, at its discretion, to amend, vary or modify these Terms from time to time. The revised Terms and Conditions will be effective as of the date of publication.
The relation between JustSurf and the customer (including any non-contractual elements and obligations arising out of or in connection with it) shall be governed by English law.
The English courts have exclusive jurisdiction to settle any dispute, claim or controversy arising out of or in connection with the Terms (including a dispute, claim or controversy relating to any non-contractual obligations arising out of or in connection with these Terms) and both JustSurf and the customer submit to the exclusive jurisdiction of the English courts.