Unique surf trip, search for and surf perfect uncrowded waves anywhere in surf rich Indonesia on this super stylish and cosy surf charter yacht
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.
GENERAL TERMS AND CONDITIONS
The following General Terms and Conditions are applicable to any commercial relationship between the Company (“CV Bali Camp“ and / or “SAMA SAMA”) and the Customer. Please read them carefully as they set out the bilateral respective rights and obligations. These General Terms and Conditions apply both to all non-binding reservation requests and all binding bookings as set out herein.
The following names and terms herein have the meaning set forth below:
Company: CV Bali Camp (“the Balicamp” or “BC”) and SAMA SAMA (“S2”)
Customer: Client / Participant
1. CONTRACT CONCLUSION / BOOKING
1.1. Contract conclusion
The reservation request must be made in written form via email, via telephone or in person. The contract between BC / S2 and the Customer takes effect upon email submission of the booking confirmation and / or invoice from BC / S2 to the customer. With the booking, the Customer implicitly accepts the General Terms and Conditions of the Company.
− All reservations are subject to availability.
− Non confirmed requests or reservations will be canceled after 2 weeks.
− All requests, reservations and bookings are executed based on the prices and conditions effective at the moment of booking.
− All customer required options and services including single-room option shall be explicitly specified by the Customer at the moment of booking and are considered as bindingly booked.
− For bookings of domestic flights for S2 Boat Trips a booking fee of EUR 8,- / flight / person will apply.
− The minimum age to make a booking is 18 years.
− State of health / Physical fitness: With the booking, the Customer confirms that he / she is physically fit and has no conditions or injury that could be affected by surf activities and / or a Boat trip. To participate, swim skills and physical fitness are required. In case of doubt, a doctor should be consulted.
2. INSURANCES AND TRAVEL DOCUMENTS
We recommend travel medical insurance, which covers the return transport of a patient from abroad, travel cancellation insurance, accident insurance and luggage insurance for every Customer. For offers, contact sky-Reisen or Sudden Rush.
2.2. Travel documents
Each participant is responsible for the procurement of necessary travel documents such as passport (at least 8 months valid), visa etc. and must make sure that the passport has sufficient blank pages for the visa, arrival and departure stamps.
3. PAYMENT CONDITIONS
After contract conclusion and email submission of the invoice, which is considered as booking confirmation, the invoice must be paid according to the following conditions:
Invoices which are made out prior to arrival of the Customer:
− Payment must be made in full and without any deductions within 14 days after invoice date to the account indicated in the invoice.
− Invoices, which are submitted within 1 month before arrival of the customer shall be paid immediately.
− In case of payment delays, the Company has the right to cancel the booking. In that case, the Customer will be informed via email.
Invoices which are made out in Bali:
− Invoices for accommodation, surf lessons or Surf Guiding & Coaching, which are handed out to Customers at the Campsite or to external guests, shall be paid immediately and in
full at the BC reception, before usage of the booked service or arrangement, in cash, either in IDR or EUR. The prices in IDR are calculated according to the current exchange rate used by the Company. Credit cards are not accepted.
− Invoices for products bought and / or consumed at the Balicamp (for example Bar, Shop) and / or additional services (laundry service etc.) shall be paid at the BC reception weekly, each Monday at the latest, and prior to check-out, in cash, either in IDR or EUR. The prices in IDR are calculated according to the current exchange rate used by the Company. Credit cards are not accepted.
4. CANCELLATION AND REBOOKING
4.1. Cancellation and rebooking by the Customer
Every cancellation or rebooking request must be submitted in written form via email to email@example.com. In case of cancellation, the following cancellation fees may apply depending on the time of cancellation. The cancellation period commences on receipt of the cancellation notice.
Before departure – BC Before departure – S2
Up to 41 days 0% Up to 91 days 0%
40 to 21 days 40% 90 to 61 days 50%
20 to 01 days 70% 60 to 31 days 75%
Day of arrival 100% 30 days to trip start 100%
Participants who want to cancel their booking have the right to assign a replacement person before departure, who fulfills the conditions set out in these General Terms and Conditions.
Rebooking is subject to availability. If rebooking is not possible due to lack of availability, the above mentioned cancellation conditions take effect.
BC Surf Packages
− Book with Balicamp Coaches or Receptionists only.
− Early booking is mandatory – at the latest by Friday before the week of the required session or on your arrival day.
− Booked Surf Packages can only be cancelled after the first session with a 60 % charge on the package price.
− Surf Packages and Sessions can not be postponed and are not transferable to another person.
− In case you do not join a booked session because of sickness or other reasons the same conditions as above apply.
− Rebooking is subject to availability.
Domestic Flights for S2 Boat Trips
Cancellation and rebooking of domestic flights for S2 Boat Trips are subject to the airlines’ booking and cancellation conditions. Booked and issued “Promo” tickets are non-refundable.
4.2. Cancellation by the company
BC / S2 reserves the right to resign from a contract under the following conditions:
Cancellation because the minimum number of participants for S 2 boat trips is not reached If the minimum number of participants (= 3 persons) is not reached, the company has the right to cancel the contract at the latest one week before the scheduled start of the boat trip.
Payments already made by the client will be refunded. Any expenses incurred above and beyond the original invoiced amount will not be refunded.
If the booked service and / or arrangement cannot be provided due to force majeure (e.g. epidemics, storms, catastrophes, strikes, political unrest, war, terrorism, unforeseeable mechanical problems), or if certain conditions present unacceptable danger to the participant, the Company has the right to cancel the contract with immediate effect. Payments already made by the client will be refunded. Any expenses incurred above and beyond the original invoiced amount will not be refunded.
5. PRICES AND SERVICES
5.1. Prices and change of prices
The invoiced price includes the services as stated in the current BC / S2 documentation. Additional agreements shall be confirmed in written by the Company. BC / S2 reserves the right to change its prices without prior notice, if conditions change (e.g. newly introduced or changed fees of third party providers, governmentally imposed price regulations and currency fluctuations).
5.2. Services and change of services
BC / S2 reserves the right to change its offer or individually agreed services due to extraordinary circumstances (e.g. force majeure, governmental regulations, delays of third parties, weather and oceanic conditions). If any essential contract paragraph is changed, the Customer will be informed as soon as possible.
The Balicamp / S2 adheres to high safety standards. Its employees must attend regular safety and first aid formation and training classes according to approved Australian standard as well as internal Coaching training. By providing qualified drivers, individual mentoring of the surf groups and carefully choosing the surf spots according to the surf level of the participants, the Company keeps the accident and injury risk low. However, the participation at any of the BC / S2 services, arrangements and activities is at the Customer’s own risk.
The Customer releases, waives and holds harmless the Company, its offices, agents and / or employees from all claims, losses, damages, commitments, expenses (including legal costs) during or in conjunction with his / her participation in the BC / S2 activities, which may arise from, but are not limited to any injury, accident, illness, death, material damage or personal damage to the Customer or others. That also means, BC / S2 is not responsible for theft, delays, traffic obstructions and time lags or expenses for the Customer which may result from such circumstances.
The Customer also indemnifies the Balicamp, its officers, agents and / or its employees against all claims, losses, damages or expenses that any one or more of his / her executors, administrators, heirs, next of kin, successors or assignees may have in conjunction with his / her participation in the BC / S2 activities, and against any costs including legal fees that may be incurred as a result of any such claims, losses damages or expenses whether valid or not.
The Customer bears all costs for medical care.
BC / S2 is not responsible for services provided by third parties.
The Customer is responsible for any damage and loss of property or equipment of the BC / S2, for example rented surf equipment.
7. EXCLUSION OF PARTICIPATION
The participant has to follow the instructions of the BC / S2 staff implicitly. If the costumer conceals physical and / or health issues, is unfit, acts irresponsibly and / or causes disturbances that endanger the provision of the service and / or the health or the image of other participants or the Company and its employees, the Customer can be excluded from the participation in the Balicamp / S2 offer after being warned by the Company. In that case, the contract is terminated without notice, already paid costs are not refunded and incurring costs are to be paid by the Customer.
Sport and adventure trips, especially surf and boat trips, carry with them some degree of risk. Each participant must carefully judge whether his / her state of health and fitness level permit to undertake such sport and trip. The Customer consents to receive medical treatment which may be deemed necessary by the Balicamp / S2 in the case of injury, accident or illness during the course of undertaking a surfing lesson or taking part in any other activities associated with surfing lessons, and also agrees to indemnify the Company in the respect of such medical treatment.
9. DATA USAGE AND DATA PROTECTION
The Customer agrees that he / she may be photographed and / or filmed during his / her stay and / or activities in connection with the Balicamp / S2, and also agrees that the Company may use such recordings for promotion and / or advertising purposes without any prior consent.
The Customer agrees that his / her personal data may be used by the Company for marketing and market research purposes.
The Company assures that all personal data will be treated confidentially and not be transferred to any third party other than necessary to fulfill the booking or deliver the requested service.
The Customer can terminate this agreement at any time in written form. In that case, the personal data and / or footage will not be used for marketing and market research purposes.
All digital contents (text, graphics, layouts, photos, video footage, etc.) found under www.thebalicamp.com, www.samasamaboattrips.com as well as all printed contents of BC / S2 are the property of BC / S2 and may not be used, copied, reproduced, modified, duplicated or distributed wholly or in parts without written permission of the author / proprietor.
10. INEFFECTIVENESS OF INDIVIDUAL PROVISIONS
The ineffectiveness of individual provisions of the contract or of the General Terms and Conditions does not affect the validity of the remaining provisions.
11. PLACE OF JURISDICTION AND APPLICABLE LAW
The place of jurisdiction and applicable law is the place of residence of the Company. Legal claims against the company shall be governed in all respects by and in accordance with the laws of Indonesia.