Deluxe Surfhouse Algarve
Beautiful quiet surf villa with its own pool, located just 500 metres from the ocean, outstanding cuisine and suitable for surfers of all levels.
LineUpEXplorers GmbH (hereinafter LUEX), Dortmund, provides an internet-based intermediary platform for global travel-related products and services. For this purpose LUEX operates a travel information, communication and booking system on the internet. This offers travel-related products, services, and information. These terms and conditions govern the use of the entire LUEX offerings, also in particular the booking of trips, travel components and services. LUEX reserves the right to make provision for supplementary terms and conditions for certain travel-related offerings or destinations. As LUEX acts only as an intermediary, the specific and general terms and conditions of any third party offering a product or service shall also apply additionally. In the event of conflicting conditions, the general terms and conditions of LUEX shall apply preferentially.
The parties to the legal relations shall be designated as "Travellers", with a person who also makes a booking for one or more Travellers designated as a "Group leader". The member of a tour group shall also be designated as a "Group member". "Service provider" designates a company or person that delivers the actual product or service - usually on location at the destination - that LUEX (Intermediary) offers to Travellers.
1. Intermediary platform operator designation and information
LineUpEXplorers GmbH (abbreviated as LUEX)
Managing Director Tim Heising
Dortmund District Court HRB 23215 Dortmund
Kobbendelle 17, 44229 Dortmund, Germany
VAT ID No.: DE221867890
Telephone: LUEX general: +49 231 97676992
LUEX bookings Surf: +49 231 97676992
LUEX bookings Snow: +49 231 97676994
Fax: +49 231 58695399
Skype: LUEX general: luex-lineupexplorers
LUEX bookings Surf: luex-surf
LUEX bookings Snow: luex-snow
The website constitutes the fundamental information that LUEX provides to Travellers. The offers, representations, data, software, images, illustrations and information are subject to copyright in virtually their entirety. To the extent that the design, photos, selection and manner of composition and preparation have been prepared by LUEX, the rights are held exclusively by LUEX. Large quantities of information, offers and images are delivered by third parties, in particular also by Service providers. This content is also legally protected by copyright, trademark and competition law and may not be copied, transmitted or used in any manner other than within the scope of the website without the prior express written authorisation of LUEX or the rights holder, if applicable.
LUEX shall make every effort to update information and prices at all times. Nevertheless, there may be differences due to the volume of data, information and parameters. Prices and specifications can be found based on the individually prepared offering. The booking confirmation and the price calculated for the Traveller are definitive.
LUEX is unable to monitor or check all information provided, especially links to other websites. LUEX is unable to maintain and update this content. In this respect, LUEX is unable to assume any responsibility.
3. Intermediary services
LUEX facilitates the provision of travel-related products and services by Service providers in the form of travel modules and services. LUEX is not a tour operator and does not deliver, own or control any of the travel-related products and services on offer. The travel-related products and services are delivered directly by the Service provider. The offerings provided by LUEX are intended for natural persons. In this context, the Traveller / Group leader making the booking must be at least 18 years of age. A Group leader aged 18 years or over must book for under-age travel companions. The offerings are primarily intended for Travellers from Germany. In utilising this offering, the Group leader making the booking promises that they are authorised to act on behalf of their travel companions, in particular to arrange travel-related services and to conclude contractual arrangements in the name of the Travellers. The Group leader is liable to LUEX as the joint and several debtor in addition to the individual Travellers for the payment of the travel-related products and services booked. Legally binding declarations received by the Group leader are deemed to have been received by all Travellers in the tour group.
To the extent that no further commitment periods have been agreed, the following shall apply: By filling in the booking templates and confirming the booking procedure, the Traveller/Group leader commissions LUEX to finalise the intermediated procurement with the Service provider. A confirmation of receipt from LUEX with respect to an order immediately after the Traveller/Group leader has transmitted the data does not constitute a binding confirmation of the intermediated travel-related products and services.
Immediately upon receipt of the booking, LUEX shall assess the availability of all the booked products and services from the Service provider/s. Following this assessment, the Traveller/Group leader shall be issued a booking confirmation. The Traveller/Group leader is obliged to check this confirmation carefully immediately upon receipt. If information appearing on the confirmation or in another document is incorrect or incomplete, the Traveller/Group leader is obliged to inform LUEX immediately - in text form if possible. Alterations at a later point in time can only be considered if LUEX could reasonably be expected to make such changes. Unreasonable alterations are such changes in particular that involve additional costs for LUEX, unless the Traveller/Group leader reimburses these costs.
A binding agreement between the Traveller and the respective Service provider shall only eventuate when the binding booking confirmation has been transmitted to the Traveller/Group leader; the automatic LUEX confirmation of receipt is not a booking confirmation.
The following applies when a Group leader makes a booking for several Travellers: With their booking, the Group leader confirms that they are permitted to legally represent the group members (Travellers) and that the Group leader is permitted to make and receive declarations on behalf of the group members. If travel vouchers are dispatched, they shall be sent solely to the Group leader for the whole tour group. Payments shall be processed exclusively through the Group leader with debt discharging effect.
The contractual obligation of LUEX is limited to the proper intermediation of the booked travel-related products and services. The contractual obligations of LUEX do not include the delivery of the booked product or service.
5. Payments, cancellation charges
LUEX is entitled to demand payment of deposits and outstanding amounts in accordance with the general terms and conditions as well as the terms and conditions of payment of the Service provider of the mediated product or service. Payment shall be collected as instructed by the respective Service provider. It is possible that the method of payment accepted by the Service provider may differ from the standard modes of payment used by LUEX or in Germany generally. The details are to be found in each of the offerings respectively. To the extent that nothing to the contrary has been agreed, the following shall apply:
Following receipt of the payment request, payment of the deposit indicated on the payment request is to be made in a single payment within one week by means of the payment method indicated. The deposit shall be at least 25% of the total price of the travel-related products or services that have been booked. The outstanding amount for the travel-related products or services is to be paid no later than 30 days prior to the commencement of travel as a single payment by means of the payment method indicated without any further request for payment. In the case of tour groups, the Group leader is responsible for ensuring consistent payment processing. The total price of a tour booked at short notice (within 30 days of tour commencement) is due immediately.
If due payments are not made or not made in full and the Traveller/Group leader does not pay after a reminder with a final due date, LUEX or the Service provider are able to withdraw from the particular agreement, unless LUEX or the Service provider is already responsible for a significant flaw, failing or shortcoming at this time. If the Traveller is responsible for the cancellation, LUEX or the Service provider can demand compensation in accordance with the agreed fixed rates for compensation. If nothing else has been stipulated within the offer/travel confirmation, the fixed rate in the event of the Traveller cancelling more than 30 days prior to departure is 25% of the price of the tour. The Traveller/Group leader is entitled to provide evidence of lower costs or costs that did not eventuate, while LUEX is free to calculate and demonstrate substantially higher costs.
LUEX assumes no currency risks. In order to minimise currency risks, LUEX shall exchange the travel payments received into the target currency of the country of the respective Service provider as soon as possible after receipt of payment. In the event of major currency fluctuations, the Traveller/Group leader shall indemnify LUEX against any proven currency exchange losses. Reimbursements shall be made solely by means of bank transfers in the currency of the recipient. Bank fees and charges shall be borne by the Traveller/Group leader.
If the Traveller/Group leader pays by bank transfer, LUEX can only facilitate a smooth booking process if the Traveller/Group leader uses the designated booking ID in the purpose field of the bank transfer which is specified in the request for payment. Otherwise LUEX may not be able to assign the payment to the correct booking. A failure to do that correctly can result in the cancellation of a trip in the worst-case scenario.
If the Traveller wishes to book not as a private individual, but as a business traveller acting on instructions or as a legal representative, this must be noted already during the booking process and cannot be subsequently altered. This can have taxation consequences and should therefore be carefully considered.
The customer shall receive a payment receipt in the form of a booking confirmation from LUEX showing the total price, either paid or to be paid to the Service provider.
6. Alterations, cancellations, reimbursements
In the event that a confirmed booking is modified or cancelled, LUEX is to be contacted as quickly as possible in this matter such that a possible solution can be sought in consultation with the Traveller/Group leader. Additional costs that result for LUEX or the Service provider shall be borne by the Traveller/Group leader, whereby LUEX reserves the right to invoice a minimum fee of €50 for changes demanded solely by the Traveller.
Should there be a modification or cancellation by LUEX / the Service provider, LUEX shall also contact the Traveller/Group leader as soon as possible and seek a possible solution.
LUEX notes explicitly that as an intermediary LUEX cannot assume responsibility for the performance of the Service provider. In particular, LUEX offers individual travel-related products and services to exotic destinations. The Traveller recognises that booking and processing these products and services are more difficult and that a higher degree of flexibility is expected of these than for mass tourism.
7. Complaints and ratings
Should the Traveller be dissatisfied with an aspect of the travel-related product or service received in a particular case and wish to submit a complaint, they are to approach the Service provider or their representative directly at the location during their current stay so that this person can attempt to solve the problem. LUEX recommends notifying the Service provider in text form that documents the shortcomings, if possible with the aid of photos.
If the problem cannot be resolved during the stay, the Service provider must be contacted within 30 days of returning from the trip. The Service provider should then respond to the correspondence according to the applicable laws and regulations. Receipt should be confirmed in 14 days and a full response received within 28 days. If this is not the case, an explanation for the delay should be received from the Service provider.
Should the travel-related product or service not match the description on the LUEX platform, the customer must approach the Service provider or their representative directly at the location during the customer's stay. LUEX shall support customers with respect to their complaint. LUEX is to be informed of the facts involved in the situation as soon as possible in order to be able to assist in finding a solution.
The Service provider is to be contacted immediately in the event of flight or transportation problems. Customers are to check information and the general terms and conditions given to customers via the Service provider before the commencement of travel.
8. Visa, passport and travel regulations
The Traveller/Group leader shall pay attention to the special visa, passport and travel regulations for the Travellers and their country of destination. LUEX makes every effort to inform customers as comprehensively and accurately as possible. To the extent that LUEX draws attention to particular details, this can only be considered as non-binding information. Considering the high number and frequency of possible amendments to regulations, Travellers/Group leaders are requested to contact the relevant embassy/consulate for the particular destination. In this respect LUEX can assume no responsibility whatsoever for any assurance, guarantee, currency or accuracy of the information. The information provided by Travellers’ ministries of foreign affairs are a reliable source with respect to many travel destinations.
It is the sole responsibility of the Traveller/Group leader to ensure that all Travellers are in possession of all requisite travel documents (passport, Visa, etc.) at the commencement of travel and that all Travellers fulfil the health requirements.
To the extent that it is not expressly offered, insurance cover does not constitute part of the travel-related products and services offered. LUEX recommends that customers take out travel insurance, in particular travel cancellation cost insurance and in certain circumstances overseas travel insurance, including an overseas health cover component. LUEX names a reliable partner offering the relevant insurance policies to its customers at: http://www.luex.com/info/insurances.html.
10. Liability, responsibility
LUEX depends on the information provided to it by the Service providers with respect to the details of the travel-related goods and services. LUEX has only extremely limited opportunities to check such information with respect to their accuracy and completeness. Consequently, LUEX is unable to provide any guarantees or assurances with respect to the completeness, accuracy or currency of such information. The same applies for any other information made available by third parties.
LUEX is not liable for the availability of the travel-related product or service at the time of booking or for the performance of the booked travel-related product or service by the Service provider.
Within the scope of its performance obligations, LUEX is only liable for any losses that may result in the following cases, irrespective of legal grounds: The statutory regulations shall apply with the following restriction: Liability or minor negligence on the part of LUEX or its vicarious agents is excluded, provided that neither an essential contractual obligation was breached nor is there a case of initial incapacity, impossibility or default on the part of LUEX. Otherwise liability is limited to the value of the travel-related products and services booked, in any case however to predictable and typical losses. The exclusions of liability or facilitation shall apply in the same manner to the executive bodies of LUEX, as well as to their vicarious agents.
Travellers and Group leaders shall be liable to LUEX for each and every reservation/booking that is made in bad faith or with deceitful intent or with erroneous or incomplete personal data. The opportunity to book travel-related goods and services may only be utilised in order to make legal bookings as a Traveller or as a Group leader for a third party. At the same time, in utilising the offerings the Group leader guarantees that they are authorised and are permitted to act in the name of fellow travellers. In the event that there is a breach of these guarantee, the Group leader is liable without limitation to LUEX and their respective Service providers for the losses resulting from the aforesaid person’s actions.
In many countries there are safety standards that differ from those generally found in Europe, Australia or the USA. Travelers/Group leaders are strongly encouraged, also in their own interest, to access information once again immediately before commencing travel in accessible sources, such as the internet pages of the Foreign Office, with respect to changes in the travel regulations and safety warnings for the country of destination.
11. Final provisions
Should business terms and conditions or parts of the agreement be or become invalid, the validity of the remaining parts of the agreements shall not be affected.
Amendments or additions to all agreements, including a divergence from these general terms and conditions, are only possible in text form (written, by fax or e-mail). Oral agreements require written confirmation to be valid.
All communication between LUEX and a Traveller/Group leader is to be undertaken by e-mail if possible. The Traveller/Group leader therefore promises to receive and read e-mails and implement the information/instructions from LUEX accordingly. LUEX must be informed immediately of changes in contact details.
All contractual relations between LUEX, its customers and Service providers are subject exclusively to German law - with the exception of the UN Contract for the International Sale of Goods (CISG) convention. Dortmund shall be the mutually agreed place of jurisdiction for non-German Travellers.
01. Conclusion of the contract, prepayment
For the benefit of having a harmonic party, the organizer sets a high value on the compliance of the age limit of young travels. The registration/booking has to be made in written form via fax, email or booking formular at the internet. Participants aged less than 18 years need a signature of a legal representative or another instructed person. For the participant, the registration gets binding as soon as the organizer receives the written booking. For the organizer, the booking contract gets binding by sending a signed written confirmation back to the applicant.
After the conclusion of the contract and the transmission of the "insurance voucher" (paragraph 651k BGB), a prepayment of 150,00 Euro becomes due. The rest of the travel price needs to be paid 4 weeks prior to departure.
The travel price has to be payed at latest three weeks prior to the commencement of travel. If that is not the case, after previous notice the organizer has the right to bar the participant from the journey. In that case, the organizer has the right to call for a compensation amounting to half the travel price. The participant can provide proof, that he/she sustains a minor loss or no loss at all.
The travel price includes the announced (website) services. The organizer does not assume the parental supervision of underaged clients. Any other agreements require a specific written confirmation of the organizer. The announced services (as a whole or partially) are subject to change. However, due to variations and changes of the predescribed services, the general value of the holiday must not be affected considerably.
03. Cancellation by the participant
The cancellation or the rebooking of a booked trip has to be made in writing. The participant has to pay a specific cancellation fee. Cancellation fees are based upon the travel price. The following cancellation fees apply:
- up to 60 days prior to journey 50,00 Euro
- from 59 to 30 days prior to journey 20% of the TP
- from 29 to 15 days prior to journey 40% of the TP
- from 14 to 7 days prior to journey 70% of the TP
- from the 6th day prior to journey 100% of the TP (=travel price)
Thereby, the time of receipt of the cancellation letter is decesive for the mode of calculation.
Before the commencement of the travel, the participant can also either provide a replacement that meets the requirements of the organizer or rebook to another product (of the organizer). Therefor, a fee of 25,00 Euro gets due. The participant can provide proof, that he/she sustains a minor loss or no loss at all.
We recommend the conclusion of a travel cancellation expenses insurance.
04. Cancellation due to non-achievement of the minimum attendance
The taking place of the journey depends on a certain minimum attendance that usually averages 15 participants. However, for several offers the minimum attendance can differ. We therefore recommend taking note of the particulars of each offer's announced services. In case of not reaching the respective minimum attendance, the organizer has the right to cancel the travel contract not later than one week prior to departure. Payments (travel costs) that have already been settled by then will be refunded immediately.
05. Cancellation due to "force majeure"
In case that the journey cannot take place due to "force majeure" (like epidemics, thunderstorms, catastrophies, wars, strikes etc), the organizer has the right to cancel the travel contract with immediate effect. This also applies for the case of unacceptable conditions or danger for the client. Travel costs will be refunded to the client under consideration of the organizer's charges.
06. Travel exclusion
If any participant threatens the realization of the journey by constantly making trouble or even being a danger to himself or to others, the organizer has the right to cancel the travel contract (in case of underaged even without consulting the parents or legal guardians) and exclude the participant from the journey.
In addition, for every participant it is strictly forbidden to possess any weapons and to consume, hold or spread any kinds of illegal drugs. In case of vilating the above mentioned regulations, the organizer has the right (in case of under-aged even without consulting the parents or legal guardians) to exclude the participant from the journey. All costs incurred due to the disregarding of the bans will be paid by the accordant participant. The organizer's personnel are authorized to secure and destroy any weapons and illegal drugs. The participant abandons his right of property of the retained objects. Charges for the return journey are for the account of the client.
07. Liability of the organizer, cost-sharing, limitation of action
On the basis of the duty to take care, the organizer is liable for a precise preparation of the journey, a careful choice of service provider, accomodations and persons in charge and their control. The organizer is also liable for the correctness of the specified services and the proper provision of all services as contracted.
The organizer is not responsible for any misfortunes, any obstructions of traffic, delays, rest periods of coach drivers and any corresponding time shiftings or possible consequential costs that might occur for the participant.
The liability of the organizer for contractual claims of the participant/client for any non-physical damages is limited to the triple of the travel price. This regulation applies for the case that the damage on the participant has been inflicted neither intentionally nor grossly negligent. It also applies if the organizer is responsible for the caused damage to a participant due to the default of a service provider. For any damages self-inflicted, the client bears a cost-charing of 500,00 Euro per case of damage.
Any rights to remedy, reduction or indemnity (paragraph 651 c bis 651 f BGB) as well as any other contractual claims prescribe after one year from the day the journey ends (as contracted). Any other claims for indemnity beside paragraph 651 f BGB, that are not based on injuries of body, life or health, prescribe after 6 months from the day that the particpant has notice of the author of the damage and the facts causing the claim. Claims for indemnity also prescribe after 6 months if the client - without gross negligence- could have read up on the considering facts and be fully aware of them. When not taking cognisance of the facts, the claim prescribes after two years after ending of the journey.
08. Places of departure
For several trips you can book different places of departure. In case that the minimum attendance of 10 participants for a certain place of departure is not achieved, the organizer provides an alternative (to 4 days prior to departure).
09. Travel guidance
During the term of the journey, the participants are accompanied by well-trained personnel. Instructions of the team need to be obeyed. The services for underaged clients start with the departure and end with the arrival at the place of arrival.
10. Insurance and travel documents
Each client gets an "insurance voucher" (after paragraph 615k BGB) - please keep it safe. Additional insurances are - as long as not announced at the relevant services - not included in the travel price. Please obtain your baggage-, travel cancellation expenses- and extern health-insurance independently!
All travel documents will be passed on to the client 10 days prior to the journey.
11. Sports permit
By signing the contract, the legal representative or another authorized person (of the under-aged client) gives permission (to the client) to take part in sport activities (like swimming, water sports, hiking). Any participation in sport classes is at the client's own risk. Any adverse effects or non-agreements need to be communicated to the organizer in written form.
For renting motorbikes, clients that are not of full age do need an explicit written permission of their legual guardians.
Catering services start with the arrival at the travel destination and end with the departure from it. When the booked services comprise catering at a restaurant, drinks are only included if announced at the service description. At our camping offers, clients could be asked to give a hand at the kitchen once or twice during their holiday.
13. Specific information
We advise our clients that a valid ID and a valid vaccination card always have to be carried with when travelling through Europe. When travelling to non-European countries, travellers need to take a valid passport in place of the ID. In case of not carrying those documents, the relevant country can deny entry. At the "exchange-days" when the arrival of the new guests and the departure of the leaving guests merge, the necessary cleaning and the proper preparation of rooms/tents might lead to delays of availability.
14. Use of pictures, use of data, data privacy
The client agrees to be photographed througout the journey at various activities and sport events. Furthermore, the taken picures can be used for commercial purposes of the freistil camps. This consent can be cancelled any time in written form. The client also agrees to the commercial use (e.g. market research, marketing) of his/her personal data (stock data). With regard to the registrated data of the clients, freistil as the organizer always acts in compliance with the regulations of data privacy and media law.
Particularly, personal data is kept in confidence. Again, this consent can be cancelled any time in written form. If so, the use of the client's data (as described in this paragraph) will not take place.
15. Invalidity of particular regulations
The invalidity of particular regulations of the travel contract or of the terms and conditions do not imply the invalidity of the entire travel contract.
16. Legal venue
The organizer can only be sued by the client at his registered office. For claims of the organizer against a client, the organizer's residence is decisive in the case that he claims against registered traders or persons that have shifted their domicile or their main residence to a foreign country after having signed the contract. The residence of the organizer is also decisive if the domicile of the defendant is unknown by the time of the contract conclusion or if the defendant is a juristic person of the public law.
17. Gift coupons
Any gift coupon giving by the organiser can only be honoured at our webpage. The travel price will thus be reduced by the amount of the gift coupon's value. Depending on the booked product, only one gift coupon can be honoured. The gift coupon is only valid for one booking. In case the gift coupon has a higher value than the booked travel price, a payment of the balance is not possible. Neither a part of it nor the whole gift coupon can be paid in cash. It is not possible to belatedly offset a gift coupon against bookings that have been made in the past.