{"id":962,"date":"2026-10-17T18:34:44","date_gmt":"2026-10-17T18:34:44","guid":{"rendered":"https:\/\/theprivatesurfcompany.com\/?page_id=962"},"modified":"2026-10-17T18:39:15","modified_gmt":"2026-10-17T18:39:15","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/theprivatesurfcompany.com\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"<div class=\"et_d4_element et_pb_section et_pb_section_0  et_pb_css_mix_blend_mode et_section_regular et_block_section\" >\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t<div class=\"et_d4_element et_pb_row et_pb_row_0  et_pb_css_mix_blend_mode et_block_row\">\n\t\t\t\t<div class=\"et_d4_element et_pb_column_4_4 et_pb_column et_pb_column_0  et_pb_css_mix_blend_mode et-last-child et_block_column\">\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t<div class=\"et_pb_module et_d4_element et_pb_text et_pb_text_0  et_pb_text_align_left et_pb_bg_layout_light\">\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t<div class=\"et_pb_text_inner\"><h1>Terms and Conditions<\/h1>\n<p>The Private Surf Company \u00b7 Surf coaching on Fuerteventura<br \/>Last updated: 17 October 2026<\/p>\n<h2>1. Provider and scope<\/h2>\n<p>The provider is Julian Alexander Frank, self-employed (aut\u00f3nomo) and trading as The Private Surf Company.<\/p>\n<p>Castilla de Costa, Calle Puipana 3, Bloque 23, Apt. 0A<br \/>35640 Villaverde (Fuerteventura)<br \/>Espa\u00f1a<br \/>NIF\/NIE: Y7221012S<br \/>Tourism registration: being processed. The registration number will be added once available.<\/p>\n<p>Email: <a href=\"mailto:info@theprivatesurfcompany.com\">info@theprivatesurfcompany.com<\/a><br \/>Telephone\/WhatsApp: +34 624 77 46 61<\/p>\n<p>These terms apply to contracts concluded directly with The Private Surf Company for surf coaching, Family Coaching, video analysis, surfskate coaching and expressly agreed vouchers, multi-day offers and equipment hire. The specific offer and booking confirmation determine the services agreed. Individual agreements and mandatory consumer rights take precedence.<\/p>\n<p>You can book directly or through FreshSurf. FreshSurf may act as a tourism intermediary (intermediador tur\u00edstico) in return for a commission. If FreshSurf arranges a contract with Julian, Julian is your contracting party and these terms apply to the coaching arranged. If FreshSurf expressly concludes the contract in its own name, FreshSurf is your contracting party; its full provider details and applicable contract terms will be provided before you enter into the contract. Julian may be named as the coach delivering the service.<\/p>\n<p>Your offer and booking confirmation clearly identify the contracting party, applicable terms and authorised payment recipient. Julian or FreshSurf may accept payment if expressly named as authorised to receive payment for that booking. Payments to the named recipient count towards your payment obligation for the booking. Being authorised to receive payment does not, by itself, make the recipient your contracting party.<\/p>\n<h2>2. Enquiries and formation of the contract<\/h2>\n<p>An enquiry through the website, by email or WhatsApp is non-binding. You receive a specific offer stating the service, number of participants, date or period, total price including applicable taxes, payment terms and these terms and conditions. The contract is concluded when you accept the offer and Julian confirms the booking.<\/p>\n<p>Confirmation is sent by email or WhatsApp in a form you can save. Agreed changes are also documented. Additional services are charged only if expressly agreed in advance.<\/p>\n<h2>3. Services and group sizes<\/h2>\n<p>The content and scope depend on your level, goals, conditions and booked offer. Under the current offer, a Private or Family Coaching session lasts two hours, with one and a half hours planned in the water. Briefing, safety, warm-up and exercises on land form part of the session. The actual schedule depends on safe conditions at the location. For other products, the duration stated in the offer applies.<\/p>\n<p>Beginner coaching is limited to four participants per coach, and Intermediate and Advanced coaching to two. Family Coaching is intended for a maximum of five participants, subject to any additional supervision required for children and a safe group composition. Any smaller group confirmed in the offer is binding.<\/p>\n<p>A board and wetsuit are included in surf coaching. Transfers are currently not included; you make your own way to the agreed meeting point at the surf spot. Other services are included only if expressly stated in the offer.<\/p>\n<p>Surfing takes place in a natural environment. Specific waves, a particular number of waves surfed or a particular learning outcome cannot be guaranteed. This does not affect agreed services or statutory rights if they are not provided.<\/p>\n<h2>4. Prices and payment<\/h2>\n<p>The total price stated in the accepted offer applies. The deposit is at least 25 per cent of the total price; the exact percentage and amount are stated in the offer and booking confirmation. The agreed deposit must be received within seven calendar days of receipt of the booking confirmation. The balance is due before the booked service begins. If the service starts before the end of those seven days, an appropriately earlier payment deadline will be expressly agreed before the contract is concluded.<\/p>\n<p>Payment may be made by bank transfer, PayPal or cash as confirmed in the agreement. For short-notice bookings, the payment deadline is expressly agreed before the contract is concluded. Receipt of the deposit is confirmed.<\/p>\n<p>No security deposit is required for equipment used during coaching. Separate equipment hire outside lessons is subject to the \u20ac50 cash security deposit described in section 12; it is treated separately from the hire price.<\/p>\n<h2>5. Participation, health and children<\/h2>\n<p>You must be able to swim confidently to participate in surf coaching in the water. Before booking, disclose only health or other limitations necessary for safe participation and adaptation of the session. If you are unsure about your fitness to participate, seek medical advice beforehand. Discuss your actual abilities and any concerns openly during the briefing.<\/p>\n<p>You must follow safety instructions, the rules of the surf spot and show consideration for other water users. The responsible coach makes the final decision on whether it is safe to enter the water or necessary to stop, based on the actual conditions.<\/p>\n<p>Minors may participate only with prior consent from their parent or legal guardian. At least one responsible accompanying adult must be present throughout the course. No general minimum age is set. Children must be able to swim safely and independently in open water for at least ten minutes. Participation also requires that age, physical and personal abilities, equipment, supervision and local conditions allow the activity to be carried out safely. Suitability and supervision arrangements are agreed with Julian before booking.<\/p>\n<p>For three or more children, a second qualified coach provides additional supervision. This expressly includes a group of three children and one accompanying adult. The additional supervision costs and resulting total price are expressly agreed with you before the contract is concluded and stated in the booking confirmation. There will be no subsequent price increase that has not been agreed.<\/p>\n<h2>6. Cancellation by you<\/h2>\n<p>You may cancel by email or WhatsApp. The time at which the cancellation is received before the confirmed start of the affected service is decisive; Fuerteventura local time applies. This does not affect any statutory right of withdrawal under section 11.<\/p>\n<ul>\n<li>At least 72 hours before the start: free of charge.<\/li>\n<li>Less than 72 hours but at least 24 hours before the start: no more than 50 per cent of the price of the cancelled service.<\/li>\n<li>Less than 24 hours before the start or failure to attend: no more than 100 per cent of the price of the service not taken.<\/li>\n<\/ul>\n<p>These percentages are upper limits, not contractual penalties charged regardless of the actual loss. Saved expenses and any replacement booking for the vacated place are taken into account. You may demonstrate that no compensable loss, or a substantially lower loss, arose. No more than the legally permissible amount will be charged. Payments already made are credited and any excess refunded.<\/p>\n<p>If you are ill, Julian offers a transferable credit for a later session for the affected service that has already been paid for and not yet provided. It is valid for redemption for twelve months from issue; the issue and redemption dates are stated on the credit. You must provide a medical certificate confirming that you cannot attend on the booked date for health reasons. A diagnosis or further medical findings are not required. No duplicate refund or credit will be granted. Statutory refund and withdrawal rights remain unaffected.<\/p>\n<p>Rescheduling or a replacement participant may be possible by agreement if the group composition, level and safety requirements are suitable. Double charging where a replacement booking is successful is excluded. For multi-day bookings, affected individual services and services already provided are considered separately.<\/p>\n<h2>7. Weather, meeting point and changes<\/h2>\n<p>You receive the exact meeting point and start time no later than 24 hours before the session. For bookings made within this period, these details are provided with the confirmation. A flexible window of one to two hours before or after an initial time applies only if expressly agreed before the contract is concluded; it does not permit unilateral changes outside an agreed framework.<\/p>\n<p>If weather, waves, currents or other safety reasons require a substantial change, this will be agreed with you. If the agreed service cannot be provided safely, you may choose between a mutually agreed replacement date and a refund of the price of the cancelled service. A substantially different service will not be imposed as a replacement without your consent.<\/p>\n<p>If a session is stopped because of weather or safety conditions, the part not provided will be refunded on an appropriate proportional basis or made up with your consent. If the provider cancels the entire service, the price of that service will be refunded. Refunds are made within 14 days using the original payment method unless you expressly agree to another method at no cost to you. Any further mandatory statutory rights remain unaffected.<\/p>\n<h2>8. Lateness, safety breaches and equipment<\/h2>\n<p>If you expect to be late, inform Julian as early as possible. Whether you can still participate depends on safety and the session schedule. The booked finishing time is not automatically extended; any shortening of the session or full charge is assessed with regard to the actual loss and statutory rights.<\/p>\n<p>If you behave dangerously or fail to follow safety instructions, the coach may restrict or end your participation where necessary to protect you or others. Where the situation allows, the instruction will be explained and you will have an opportunity to correct your behaviour. There is no blanket exclusion of refunds simply for \u201cinattention\u201d. Any claim for payment or compensation depends on responsibility, services already provided, saved expenses and the legally recoverable actual loss.<\/p>\n<p>You must handle equipment carefully and report damage immediately. Statutory rules apply to damage proven to have been caused by your fault. Normal wear and tear is not compensable damage; the price of a new replacement is not charged automatically. For separate hire, the condition, return and any security deposit are documented clearly.<\/p>\n<h2>9. Liability and insurance<\/h2>\n<p>Statutory liability rules apply. These terms do not exclude the provider\u2019s responsibility for proper organisation, suitable equipment and the safety and supervision duties it must fulfil. In particular, no blanket waiver of liability for injuries or other legally protected claims is required.<\/p>\n<p>The provider has public liability insurance and accident insurance. Information about the insurance cover applicable to your booked activity will be provided before the contract is concluded. Statutory claims are not limited to insurance benefits.<\/p>\n<p>Having suitable personal health insurance and, where appropriate, travel insurance may be advisable; these do not replace required business insurance or the provider\u2019s statutory duties. A safety or consent form does not replace a lawful contract or proof of insurance.<\/p>\n<h2>10. Video analysis and data protection<\/h2>\n<p>For filmed sessions booked on site, analysis is arranged for the same day or the following day. The clips actually available depend on the waves recorded. Before the contract is concluded, the scope of recording, agreed analysis, format and type of feedback, and arrangements for missing or technically unusable footage are agreed. No particular number of clips is promised unless expressly stated.<\/p>\n<p>For remote analysis of your own recordings, review of the footage, scope of feedback and analysis date are agreed separately. You may submit only material you are entitled to use for this purpose. Identifiable other people should be avoided or made unrecognisable wherever possible.<\/p>\n<p>Coaching recordings are stored locally on a hard drive. Only Julian has access to this local storage. If required, recordings intended for you are made available through Google Drive in an access-restricted sharing area. Access is limited to you or expressly authorised people; the necessary access details are communicated to you personally.<\/p>\n<p>Additional retention of selected recordings for marketing purposes requires separate valid consent for the advertising purposes specifically described in that consent. A maximum retention period of ten years from the recording date is envisaged for this approved advertising material. Storage remains limited to the necessary scope and period; earlier withdrawal of consent or the end of a lawful storage purpose may require advertising use to stop and material to be deleted sooner.<\/p>\n<p>Use and storage for coaching and analysis are treated separately from voluntary advertising use. Recordings required for coaching are stored only for as long as necessary for the agreed coaching purpose and any lawful further processing. Raw footage not approved for advertising is not retained for ten years merely because it might be used for marketing in the future. Statutory retention or evidence obligations concern only the data needed for those purposes. The deletion arrangements cover local files, copies shared through Google Drive and any backups.<\/p>\n<p>Section 14 also applies to voluntary use of photos, videos or contact details for advertising, as well as booking data and necessary data disclosures. Booking or accepting these terms does not replace separate marketing consent.<\/p>\n<h2>11. Withdrawal from distance contracts<\/h2>\n<p>For leisure coaching with a fixed date or service period, the statutory right of withdrawal is generally excluded under Article 103(l) of Spanish consumer law. The cancellation rules continue to apply. Remote analysis is not automatically covered by this exception merely because an analysis date has been agreed.<\/p>\n<p>For remote analysis, vouchers not tied to a specific date and other distance services to which no statutory exception applies, you may withdraw from the contract within 14 calendar days of its conclusion without giving a reason. A clear statement to Julian Alexander Frank, The Private Surf Company, by email to info@theprivatesurfcompany.com or to the address in section 1 is sufficient; sending it before the deadline preserves the time limit.<\/p>\n<p>Payments received will be refunded free of charge within 14 days of receipt of the withdrawal, using the same payment method unless otherwise expressly agreed. If you expressly request services to begin early, an appropriate proportional amount is payable only where the statutory requirements are met. The right of withdrawal expires on full performance of a service only with your prior express consent to starting and your acknowledgement that you thereby lose that right. Merely accepting these terms replaces neither requirement.<\/p>\n<h3>Model withdrawal statement<\/h3>\n<p>To Julian Alexander Frank, The Private Surf Company, Castilla de Costa, Calle Puipana 3, Bloque 23, Apt. 0A, 35640 Villaverde (Fuerteventura), Espa\u00f1a, info@theprivatesurfcompany.com:<\/p>\n<p>I hereby withdraw from the contract I concluded for the following service: \u2026<br \/>Ordered on: \u2026<br \/>Name and address: \u2026<br \/>Date: \u2026<br \/>Signature only if submitted on paper: \u2026<\/p>\n<h2>12. Vouchers, multi-day bookings and separate equipment hire<\/h2>\n<p>Purchased vouchers are transferable and valid for redemption for twelve months from issue. The issue date, redemption deadline and voucher value or specific service owed are communicated before purchase and stated on the voucher. Section 6 applies to illness credits. On redemption, a date is agreed together subject to availability; the person using the voucher must meet the participation requirements. A particular preferred date is not guaranteed. Mandatory statutory rights remain unaffected; the redemption period does not provide for the automatic permanent loss of all claims to the value paid.<\/p>\n<p>For multi-day offers, the confirmation lists the services for each day, total price and any separately stated individual prices. Interruptions and cancellations are assessed under the rules above in relation to the affected services.<\/p>\n<p>Equipment may also be hired without coaching. The following daily prices are total prices including any applicable statutory taxes:<\/p>\n<table>\n<thead>\n<tr>\n<th>Equipment<\/th>\n<th>Daily price<\/th>\n<th>Seven hire days<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>Surfboard including leash<\/td>\n<td>\u20ac15<\/td>\n<td>\u20ac90<\/td>\n<\/tr>\n<tr>\n<td>Wetsuit<\/td>\n<td>\u20ac10<\/td>\n<td>\u20ac60<\/td>\n<\/tr>\n<tr>\n<td>Surfboard including leash and wetsuit<\/td>\n<td>\u20ac20<\/td>\n<td>\u20ac120<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>For a seven-day hire, six daily rates are charged, giving you one day free. Other hire periods and different arrangements are stated in the specific offer. Equipment hire does not include coaching or supervision during independent use.<\/p>\n<p>The cash security deposit is \u20ac50. Its receipt is documented. It is returned after proper return and a joint inspection of the equipment. Only a transparently justified amount recoverable by law may be retained; any unused balance is returned. The deposit is not a flat damage charge. Section 8 applies to damage and normal wear and tear.<\/p>\n<p>One hire day covers 24 hours from the agreed collection time. Collection and return take place by appointment at Julian\u2019s business address stated in section 1: Castilla de Costa, Calle Puipana 3, Bloque 23, Apt. 0A, 35640 Villaverde (Fuerteventura), Espa\u00f1a. The start, hire duration and resulting return time are recorded in the hire confirmation. Fuerteventura local time applies.<\/p>\n<h2>13. Complaints and applicable law<\/h2>\n<p>For questions or complaints, contact Julian using the details in section 1. Official complaint forms (hojas de reclamaciones) are available on request directly from Julian. You can request them in person or through the stated contact channels. Handling an email complaint does not replace the official complaint forms. Statutory complaint procedures and legal remedies remain fully available.<\/p>\n<p>Spanish law applies, subject to any mandatory consumer protection provisions applicable in the individual case. No exclusive jurisdiction agreement to the detriment of consumers is made.<\/p>\n<h2>14. Data protection<\/h2>\n<p>Julian Alexander Frank is the controller for data processing by The Private Surf Company; his contact details are in section 1. Personal data are treated confidentially and processed in accordance with the General Data Protection Regulation (GDPR) and applicable Spanish data protection and image rights law. Details of purposes, legal bases, recipients, retention periods and your rights are provided in the <a href=\"https:\/\/theprivatesurfcompany.com\/en\/privacy-policy\/\">Privacy Policy<\/a>.<\/p>\n<h3>14.1 Image rights and voluntary advertising use<\/h3>\n<p>Photos or videos may be taken during coaching or other agreed activities. Where recordings are required for booked video analysis, their use is governed by the confirmed scope of services and section 10. Use of identifiable people to market The Private Surf Company requires separate, voluntary and purpose-specific consent.<\/p>\n<p>Advertising consent is obtained separately from booking and acceptance of these terms. It describes the recordings concerned, specific uses and publication channels, such as the company\u2019s website, expressly named social media or advertising materials, and the intended use and retention period. Refusal has no disadvantages for your booked coaching. For children, the necessary consent from those with parental responsibility and, where appropriate, minors able to understand the implications must be obtained.<\/p>\n<p>You may withdraw consent at any time with effect for the future, for example by email to info@theprivatesurfcompany.com. Withdrawing consent is as easy as giving it. Further advertising use based on that consent will then stop; the lawfulness of processing before withdrawal is unaffected. Statutory rights to erasure remain unaffected. Section 10 governs the separate retention of coaching recordings and approved advertising material.<\/p>\n<p>Your booking or contact data are used for personal market research, newsletters or other direct advertising only with separate voluntary consent for that purpose. Consent to use photos or videos does not automatically cover these additional purposes. This consent may also be withdrawn at any time for the future without disadvantages for your coaching.<\/p>\n<h3>14.2 Data processing for enquiries and bookings<\/h3>\n<p>For an enquiry or booking, The Private Surf Company processes the information required, in particular name, contact details, selected service, dates, participant numbers and, where required for the particular offer, age and surfing level. These data are used to respond to your enquiry, plan and manage the booking, communicate, provide the service, issue invoices and fulfil statutory obligations. Marketing consent is not required for necessary pre-contractual or contractual processing.<\/p>\n<p>The website accepts enquiries and reservations through its own enquiry and booking calendar; binding confirmation is provided personally under section 2. Information about the technical service providers and data recipients actually involved is provided in the Privacy Policy. For bookings through FreshSurf or another intermediary, you will also receive the privacy information applicable to that booking route.<\/p>\n<p>Where information about other participants is submitted, only the data required for organisation may be lawfully shared. Please inform these people of the privacy notices provided; The Private Surf Company also fulfils its own information obligations. By booking, one person does not give blanket marketing or image consent for accompanying adults.<\/p>\n<h3>14.3 Necessary disclosure to cooperation partners<\/h3>\n<p>Where necessary to coordinate or provide the specific service enquired about or booked, the required data may be disclosed to involved cooperation partners, such as FreshSurf for a booking arranged through FreshSurf or an additional coach assigned to your session. Depending on the task, this may include name, necessary contact details, date, booked service and participant information needed to provide it. The relevant privacy notices explain the recipients or recipient categories, purposes and respective legal bases.<\/p>\n<p>Disclosure is limited to the necessary information and serves to organise and deliver your service, not independent advertising by cooperation partners. Disclosure for contact beyond providing the service that is not otherwise lawfully covered requires prior separate consent. Booking does not grant general permission to share data with arbitrary partners or for their marketing.<\/p><\/div>\n\t\t\t<\/div>\n\t\t\t<\/div>\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t<\/div>\n\t\t\t\t\n\t\t\t\t\n\t\t\t<\/div>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"class_list":["post-962","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/theprivatesurfcompany.com\/en\/wp-json\/wp\/v2\/pages\/962","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/theprivatesurfcompany.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/theprivatesurfcompany.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/theprivatesurfcompany.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/theprivatesurfcompany.com\/en\/wp-json\/wp\/v2\/comments?post=962"}],"version-history":[{"count":1,"href":"https:\/\/theprivatesurfcompany.com\/en\/wp-json\/wp\/v2\/pages\/962\/revisions"}],"predecessor-version":[{"id":963,"href":"https:\/\/theprivatesurfcompany.com\/en\/wp-json\/wp\/v2\/pages\/962\/revisions\/963"}],"wp:attachment":[{"href":"https:\/\/theprivatesurfcompany.com\/en\/wp-json\/wp\/v2\/media?parent=962"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}