GENERAL TERMS & CONDITIONS

From Development Projects by CCDASM, unipessoal LDA.

Hereinafter referred to as Octopus Concept.

 

REGISTRATION

The registration must be made in writing (by mail, fax or email/booking form on the Surf Moment homepage). The registration becomes binding for the participant when it is received by Octopus Concept, for Octopus Concept it becomes binding when it is confirmed in writing (by mail, fax or email).

 

CONDITIONS OF PARTICIPATION

The participant expressly declares that from a medical point of view there are no objections to practicing surfing and all other (sporting) activities in which he/she participates. All sporting activities are always at the participant’s own risk. Only adults (at least 18 years old) are allowed to stay with Surf Moment. In exceptional cases, a special agreement can be made between Surf Moment and the underage participant and his/her legal guardian.

 

SERVICES

The travel price includes the services stated in the booking confirmation. Deviations of the individual travel achievements by Octopus Concept remain reserving, if these became necessary after conclusion of a contract and these do not affect the total average of the stay substantially.

 

CANCELLATION BY THE PARTICIPANT

The cancellation by the participant is possible at any time and requires the written form. If the participant withdraws from the contract or does not start the trip, he has to pay Surf Moment a cancellation fee. The cancellation fees are based on the total price. The following cancellation fees apply:

up to 60 days before the start of the trip € 50,00

from 59 to 30 days before the start of the trip 25% of the total amount

from 29 to 15 days before the start of the trip 50% of the total amount

from 14 to 7 days before departure 75% of the total amount

from 6 days before the start of the trip 100% of the total amount

Decisive for the calculation of the deadlines is the date of receipt of the cancellation letter by Surf Moment. Before the start of the trip, the participant can provide a substitute person who meets the requirements set by Surf Moment for the stay (e.g. minimum age 18 years). For this a fee of € 25,00 will be charged.

Octopus Concept also reserves the right to claim the travel price in the event that the participant suffers bodily injury for which Octopus Concept is responsible.

We recommend the conclusion of a travel cancellation insurance.

 

CANCELLATION AND WITHDRAWAL

We can cancel the travel contract before the start of the trip or cancel the travel contract after the start of the trip in the following cases:

a) Cancellation due to shortfall of the minimum number of participants.

If the advertised minimum number of participants is not reached, if the booking confirmation for the corresponding trip refers to a minimum number of participants, Surf Moment has the right to cancel the contract at the latest one week before the start of the trip. Payments already made by the participant will be refunded.

b) Cancellation of the contract due to extraordinary circumstances

If the stay is not reasonable for the participant due to force majeure (e.g. epidemics, bad weather, catastrophes, war) or unreasonable danger, Surf Moment has the right to cancel the travel contract with immediate effect. There will be a refund of the payments made, considering the costs for Surf Moment.

c) Travel exclusion,

If the participant disturbs during the stay regardless of a warning from Surf Moment persistently or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified, Surf Moment can cancel the travel contract without notice. If Surf Moment cancels, it retains the right to the travel price or the price of the activity.

 

LIABILITY

a) Octopus Concept is not liable for accidents, possible traffic obstructions, delays and the date postponements connected with it, as well as for possible consequential costs which could originate to the participant from it.

The participation in the surf course or coaching, the offered (sportive) activities, the arrival, the use of the mentioned services as well as the stay are on the participant’s own responsibility. The liability of Octopus Concept does not extend to dangers that are inevitably connected with the surfing sport or the offered (sporting) activities and are consciously accepted by the participant. It also does not extend to such damages that occur to the participant during surfing or participation in the offered (sporting) activities due to the fault of other participants or third parties. Liability for loss and damage to the property of the participants on the part of Surf Moment is excluded.

The surf equipment, all sports equipment and other items that are the property of Surf Moment, are to be treated properly by the participants or for the participants borrowed from third parties, the participant is liable for all damages caused by intentional, grossly negligent damage as well as loss. In case of grossly negligent damage and in case of loss the participant is liable for the damage caused.

b) Octopus Concept is not liable for the service provision of external service providers, third parties and / or cooperation partners.

 

LIMITATION OF LIABILITY

The contractual liability of Octopus Concept because of contractual claims for damages of the participant is limited for damages to the triple of the travel price, as far as a damage is caused to the participant neither deliberately nor grossly negligent.

 

MINIMUM NUMBER OF PARTICIPANTS

For the surf course or coaching as well as all other offered activities the minimum number of participants is 3 persons (if it is not a private booking for one person). If the booking confirmation refers to the minimum number of participants and the cancellation deadline (at the latest one week before the start of the trip), Octopus Concept can declare that the minimum number of participants is not reached and the surf course or activity will not be carried out. Octopus Concept will send the aforementioned declaration to the participant immediately after becoming aware that the number of participants has not been reached, at the latest one week before the start of the trip. The participant can demand participation in another trip of at least equal value, if Surf Moment is able to offer such a trip or activity from its offer without extra charge. The participant has to notify Octopus Concept of his substitute participation immediately after receipt of Octopus Concept’s statement regarding the number of participants not reached. If the participant does not exercise this right, the amount paid by the participant will be refunded immediately.

 

CHANGE OF THE COURSE OF THE EVENT

Changes in the course of the event cannot be excluded. Especially in case of weather-related dangers, the program (surf course, individual activities, etc.) can be changed and an alternative program can be offered. In such cases, the participant has no right to a refund of the tour price or a partial amount.

 

WARRANTY

The participant agrees that Surf Moment will provide him with a defect-free service or improve the defective service within a reasonable period of time instead of his claim for cancellation or price reduction. Remedy can take place in the way that the lack is repaired or an equivalent or higher-quality replacement achievement, which finds also the express agreement of the participant, is furnished. The notice of defect is to be made on the spot. Octopus Concept can refuse the remedy if it requires a disproportionate expenditure. The participant is obligated to cooperate in the context of the legal regulations to avoid possible damages or to keep them smaller. In particular, the participant is obliged to give his complaint immediately on the spot to Octopus Concept. This is instructed to provide for remedy, if this is possible.

 

EXCLUSION OF CLAIMS/STATUTE OF LIMITATIONS

Claims due to defective travel services, subsequent impossibilities and due to violation of secondary obligations must be made by the participant to Surf Moment within one month after the contractual termination of the trip or activity. After expiration of the deadline, claims can only be asserted if the participant could not meet the mentioned deadline without his own fault. The participant’s claims expire one year after the contractually foreseen end of the trip or activity.

 

SPECIAL NOTES

Since the arrival and departure of the different groups of guests fall on the same day, the necessary cleaning and preparation of the rooms for the new guests may mean that they are not immediately available. Cleaning of the rooms is always done when there is a change of guests and at least once a week. Bathrooms are cleaned daily.

 

IMAGE USE/DATA USE/PRIVACY

The participant consents to being photographed, filmed during events, coaching, activities and sports activities during the trip and to the use of these photographs and recordings in the marketing of Surf Moment. This consent may be revoked in writing at any time.

The participant agrees that the data collected about them (inventory data) may be used for market research and marketing purposes. With regard to the registered data of the participants Surf Moment commits itself to keep the data protection and media-legal regulations. In particular, the data will be treated confidentially. The participant can revoke the consent at any time in writing. If he has revoked the consent, a data use does not take place according to this paragraph.

 

SEVERABILITY CLAUSE

The invalidity of individual provisions does not justify the invalidity of the travel contract or the remaining provisions of the fine print.

 

GENERAL TERMS AND CONDITIONS (GTC) FOR BIG WAVE SURFING EXPERIENCE

1. Scope
These General Terms and Conditions (“GTC”) apply to all services and offers provided by Ocotpus Concept within the framework of Big Wave Experience. By booking or participating, the participant agrees to these GTC.

2. Service Description
The Organizer exclusively offers support for big-wave surfing conditions. This is not a training course, class, or service that guarantees safety. Participants take part at their own risk.

3. Participation Requirements

• Participants must be of legal age or provide written consent from their legal guardians.

• Participants must have sufficient experience in surfing and extreme surf conditions.

• The use of appropriate safety equipment (e.g., life vests, inflatable vests, helmets, leashes) is mandatory.

4. Personal Responsibility and Liability Disclaimer

• The participant voluntarily takes part at their own risk and acknowledges awareness of the associated dangers.

• The Organizer assumes no liability for injuries, health damages, or death of the participant unless caused by gross negligence or intent.

• The Organizer is not liable for property damage to participants’ personal equipment (e.g., surfboards, cameras, mobile phones, wetsuits).

5. Photo and Video Rights

• The Organizer reserves the right to take photos and videos during the support session.

• These recordings may be used by the Organizer for promotional and commercial purposes.

• Participants may object to the use of such materials by submitting a written objection before the event starts.

6. Cancellation and Refund Policy

• Participants may cancel their booking up to 30 days before the event; after this period, no refund will be issued.

• If the event is canceled for safety reasons or due to force majeure, an alternative date will be offered. Refunds are at the discretion of the Organizer.

7. Jurisdiction and Applicable Law
The law of the Portuguese Republic applies. The place of jurisdiction for all disputes is Nazaré, Portugal.

8. Final Provisions
If any provisions of these GTC are found to be invalid, the validity of the remaining provisions shall remain unaffected. 

DISCLAIMER AND ASSUMPTION OF RISK AGREEMENT

1. GENERAL
This Disclaimer (“Agreement”) applies to all participants (“Participants”) who take part in the Big Wave Surfing Support (“Support”) provided by Ocotpus Concept. By signing this Agreement, Participants confirm that they have read, understood, and accepted this Disclaimer.

2. NO COURSE, TRAINING, OR SERVICE
The Organizer provides voluntary support (“Support”) for accessing big-wave surfing conditions. This is expressly not a training course, class, or professional service. No contractual relationship arises that creates any obligation or liability on the part of the Organizer.

3. FULL RESPONSIBILITY OF PARTICIPANTS
Participants confirm that they are responsible for their own safety and that their participation is voluntary. Participants acknowledge that the Organizer assumes no duty of supervision and provides no safety guarantees. Participants make all decisions independently, particularly regarding entering the waves, withdrawing, or taking on risks.

4. RISK ACKNOWLEDGMENT AND ASSUMPTION
Participants expressly acknowledge that big-wave surfing is an extremely dangerous activity that involves significant risks, including:

• Severe physical injuries (including paralysis and permanent damage)

• Drowning or fatal accidents

• Damage to personal property and equipment Participants independently decide to participate and assume all associated risks, including those arising from the negligence of the Organizer or third parties.

5. LIABILITY DISCLAIMER AND WAIVER OF CLAIMS
Participants fully release the Organizer, its employees, partners, sponsors, and representatives (“Released Parties”) from any liability, particularly for:

• Bodily injury or death during or as a result of the Support

• Property damage or financial losses related to the Big Wave Surfing Support

• Errors, negligence, or omissions by the Organizer or third parties Participants expressly, irrevocably, and permanently waive any claims for damages against the Released Parties. This applies regardless of the type of damage or cause, including gross negligence, to the extent permitted by law.

6. REQUIREMENT FOR PERSONAL EQUIPMENT AND INSURANCE
Participants confirm that they:

• Use their own appropriate safety equipment (e.g., life jackets, inflatable vests, helmets, leashes) and are responsible for its functionality.

• Have valid accident and life insurance covering extreme sports such as big-wave surfing or are aware of the risk of not having such insurance.

7. PHOTO AND VIDEO CONFIRMATION
In addition to signing, Participants agree to make a short video recording confirming that they understand the risks and waive any claims. This statement serves as additional proof of their voluntary consent.

8. USE OF PHOTO AND VIDEO MATERIAL
The Participant agrees that photos and video recordings taken during the “Big Wave Surfing Support (Tow-In)” may be used by the Organizer for advertising and commercial purposes. You agree to the use of my photo and video material for advertising and commercial purposes.

9. JURISDICTION AND APPLICABLE LAW
This Disclaimer is governed by the laws of [Country/State], and all disputes shall be resolved exclusively in the competent courts of [Location].

10. FINAL PROVISIONS
If any provisions of this Disclaimer are found to be invalid, the validity of the remaining provisions shall remain unaffected.

11. SIGNATURES
By signing below, Participants confirm that they have read, understood, and voluntarily accepted this Disclaimer. 

JURISDICTION

The place of jurisdiction is Nazare.

 

Development Projects by CCDASM, unipessoal LDA.

 

Rua do Comércio, n.o 6, R/C

Distrito: Leiria Concelho: Bombarral Freguesia: Bombarral e Vale Covo

2540 076 Bombarral

Effective Date: 01.01.2025