more surfing, less stress!
Last updated: February 16, 2023
moresurfing.com and/or its affiliates (“more surfing”, “we” or “us”) operate an online store (“more surfing Web Site”) located at www.moresurfing.com from which you may purchase products and services (“more surfing Web Site Products”). These Terms of Use apply to the content and functionality of the more surfing Web Site, and to the more surfing Web Site Products.
1. Information that you provide to us
You may give us information about yourself when you visit the more surfing Web Site. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit the more surfing Web Site and provide your contact details.
2. more surfing Web Site IP
As between you and more surfing, more surfing and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the more surfing Web Site (collectively, “more surfing Web Site IP”). more surfing Web Site IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in more surfing Web Site IP not expressly granted to you in these Terms of Service are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to the more surfing Web Site or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that more surfing has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
3. Access to more surfing Web Site
more surfing grants you a limited, revocable, non-exclusive, non-transferable license to access the more surfing Web Site. This license does not include a right to use any of the content and information, including product listings.
4. Products, Content and Specifications.
Details of the products and services available for purchase in the more surfing Web Site (“more surfing Web Site Products”) are set out in the more surfing Web Site. All features, content, specifications, products and prices of products and services described or depicted in this more surfing Web Site are subject to change at any time without notice. Unless expressly noted, all weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on the more surfing Web Site due to the limitations of the systems that you use to access the more surfing Web Site. The inclusion of any products or services in the more surfing Web Site at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a safe and lawful manner.
5. Cancellation
Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you make a reservation or purchase.
6. Your account
We may require that you create an account to access the more surfing Web Site, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
7. Shipping and returns
This Section applies to more surfing Web Site Products that are physical goods. For clarity, this Section applies despite any contrary terms in any invoice or purchase order. Orders are shipped using carriers selected by more surfing. The shipping fees you will be charged, if any, will be provided to you before you confirm your order. If we provide you with an estimated shipping date, the estimated delivery date is not guaranteed, and inventory shortages or events beyond our control could impact the delivery date. more surfing is not liable for delivery later than the estimated delivery date, or for any loss, damage, or penalty you may incur from a delay in shipment or delivery. Unless otherwise noted in the product description, each more surfing Web Site Product will be delivered FCA delivery location (as such location is designated on the applicable order) (Incoterms 2010).
Unless otherwise noted in the product description, more surfing Web Site Products may be returned in their original packaging and condition (including all accessories and components provided) within 30 days of purchase. However, unless we tell you otherwise, you will only be entitled to a refund if we provide you with an item that does not match the product description of the item that you purchased. If that occurs, your exclusive remedy is to return the item in unused condition, in exchange for a refund. To begin the return process, please contact us via the contact for on the more surfing.com web site. Return shipping instructions will be provided. more surfing will cover the cost of return shipping and will refund your purchase price in full.
8. Sanctions and export policy
You may not use the more surfing Web Site or purchase any more surfing Web Site Produt in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the more surfing Web Site or any more surfing Web Site Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
9. No warranties
We provide the more surfing Web Site, more surfing Web Site IP and more surfing Web Site Products “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by more surfing or obtained by you from or through the more surfing Web Site – whether from more surfing or another entity, and whether oral or written – creates or implies any warranty from more surfing to you.
more surfing disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the more surfing Web Site; (b) that the more surfing Web Site Products will meet your specific needs or requirements; (c) that the more surfing Web Site will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that more surfing will correct any defects or errors in the more surfing Web Site; or (e) that the more surfing Web Site is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the more surfing Web Site is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Service operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
10. Limitation of liability
Under no circumstances will more surfing be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the more surfing Web Site or for the unavailability of the more surfing Web Site, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Use or your use of the more surfing Web Site, even if such damages are foreseeable, and whether or not you or the Salty has been advised of the possibility of such damages. more surfing is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the more surfing Web Site or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. more surfing further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the more surfing Web Site inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the more surfing Web Site; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the more surfing Web Site; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.You agree to limit any additional liability not disclaimed or denied by more surfing in relation to the more surfing Web Site, more surfing Web Site IP, and more surfing Web Site Products, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the greater of the amounts paid by you to more surfing during the three-month period immediately preceding the event that gave rise to your claim for damages, and 20 EUR.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
11. Disputes
a. Binding Arbitration: In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these Terms of Service, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from these Terms of Service, but specifically excluding any dispute principally related to either party’s intellectual property (which such dispute will be resolved in litigation before the Spanish Court in Palma de Mallorca), will be determined by arbitration in Palma de Mallorca, Spain before a single arbitrator. The arbitrator will apply the substantive Spanish law, exclusive of its conflict or choice of law rules. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving international commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law.
Either party may commence arbitration by providing to the Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.
b. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms of Service will affect the right of any party to serve process in any other manner permitted by law.
c. Class Waiver: To the fullest extent permitted by law, each of the parties agrees that any dispute arising out of or in connection with these Terms of Service, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms of Service or any of the transactions contemplated between the parties.
d. Provision of an Award: Subject to the limitations of liability identified in these Terms of Service, the appointed arbitrators may award monetary damages and any other remedies allowed by the Spanish laws. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in Palma de Mallorca, Spain. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.
e. Fees: Each party will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms of Service, the arbitrators will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.
f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
g. Conflict of Rules: In the case of a conflict between the provisions of this Section 11 and the rules governing arbitration identified in Section 11.a, the provisions of this Section 11 will prevail. If any provision of these Terms of Use to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by law and all the other provisions will remain valid and enforceable.
12. Applicable law
By using the more surfing Web Site, you agree that the Spanish laws, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and more surfing.
13. Modification and severability
We have the right to change or add to the terms of these Terms of Service at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the more surfing Web Site by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Service on our website at any time. You can find out when these Terms of Service were last changed by checking the “Last updated” date at the top of the page.
14. Our contact information
Mailing address:
moresurfing.com
Avinguda de Bartomeu Riutort, 07610 Can Pastilla, Illes Balears
Web site: www.moresurfing.com
Phone: +34 604 814 007
Privacy statement moresurfing.com
moresurfing.com located on Avinguda de Bartomeu Riutort, 07610 Can Pastilla, Illes Balears, is responsible for processing
personal data as shown in this privacy policy.
Contact information:
moresurfing.com
www.moresurfing.com
Avinguda de Bartomeu Riutort, 07610 Can Pastilla, Illes Balears
The owner of moresurfing.com is the Data Protection Officer for moresurfing. He/she can be reached via contact@moresurfing.com.
Personal data processed by us
moresurfing.com processes your personal data because you make use of our website or because you have
provided data to campsites affiliated with us. This happens because all affiliated campsites process their
reservations in one central system in order to work more efficiently. We also place great importance on
your experiences at the affiliated campsites. For this reason, we will send you a survey after your reservation to assess your experience. Below is an overview of the personal data we process:
- First name and surname
- Gender
- Date of birth
- Address information
- Telephone number
- Email address
In order to improve the quality of the website and make it more user-friendly, we use a number of
analysis tools, such as Google Analytics. For the purpose of this analysis we record the following
information when you visit our website:
- IP address
- Location information
- Data about your activities on our website
- Internet browser and type of device
Finally, we offer the possibility to visit all of the more surfing sites. Here you can also create your profile, so that we can tailor the offers to suit your needs
even better.
For what purpose and on what basis do we process personal data
DANNER processes your personal data. We do this mainly to make the process of your booking as efficient as possible. The affiliated campsites use joint DANNER systems for the following
purposes:
- Handling your payments
- Sending our newsletter
- To call or email you if this is necessary for your reservation
- To give you the option of creating an account
- Make it possible to evaluate your reservation. This means that the quality of the services
provided by the affiliated campsites can be further increased. Also, with your explicit consent, your
assessment can be shown on our website to inform new guests.
To optimise our website, in order to increase the user-friendliness, we also register data when you visit
our website. This analyses, among other things, but not exclusively, where our website may be unclear
to visitors, or leads to drops.
How long do we store personal data
DANNER does not store your personal data any longer than strictly necessary to realise the purpose for
which your data is collected. We use the following retention period for the following (categories) of
personal data:
- Personal data (name and address) 4 years
- Data regarding visit to website 4 years
Sharing personal data with third parties
DANNER will not sell your information to third parties and will only provide it if this is necessary for the
execution of our agreement with you or to comply with a legal obligation. We set up a processor
agreement with companies that process your data on our behalf, to ensure the same level of security
and confidentiality of your data. DANNER remains responsible for these processing operations.
Cookies, or similar technologies, that we use DANNER uses functional, analytical and tracking cookies. A
cookie is a small text file that is stored in the browser of your computer, tablet or smartphone when you
first visit this website. DANNER uses cookies with a purely technical functionality. These ensure that the
website works properly and that, for example, your preferred settings are remembered. These cookies
are also used to make the website work well and to be able to optimise it. In addition, we place cookies
that keep track of your browsing habits so that we can offer customised content and advertisements.
On your first visit to our website, we informed you about these cookies and asked you for permission to
place them. You can opt out of cookies by setting your internet browser so that it does not store cookies
anymore. In addition, you can also delete all information previously saved via the settings of your
browser.
Cookies are also placed on this website by third parties. These are, for example, advertisers and/or social
media companies.
Cookie: Googly Analytics
Name:
Function: analytical cookie that measures visits to website
Retention period: 2 years
View, modify or delete data
You have the right to view, modify or delete your personal data. You also have the right to withdraw
your consent to the data processing or to object to DANNER processing your personal data and you have
the right to data portability. This means that you can submit a request to us to send the personal
information we have from you in a computer file to you or to another organisation specified by you. You
can send a request for access, correction, deletion, data transfer of your personal data or request to
cancel your consent or objection to your personal data being processed, to contact@moresurfing.com.
To ensure that the request for access has been made by you, we ask you to send a copy of your ID along
with the request. In this copy, black out your passport photo, MRZ (machine readable zone, the strip
with numbers at the bottom of the passport) and passport number. This is to protect your privacy. We respond to your request as quickly as
possible, but at least within eight weeks, DANNER also wants to point out that you have the ability to file
a complaint with the national supervisory authority.
How do we secure personal data
moresurfing.com takes the protection of your data seriously and takes appropriate measures to prevent misuse,
loss, unauthorised access, unwanted disclosure and unauthorised modification. The website is thus
secured with a https certificate. If you feel that your data is not properly secured or there are indications
of abuse, please contact us at contact@moresurfing.com.
Reservation changes
Date
and time slot changes are allowed up to 24 hours in advance of your reservation. There is no fee for these changes, but changes are, of course, subject to equipment availability.
Changes within 24 hours of your scheduled booking time are allowed, subject to a 50% change fee.
Cancellation refund
If we need to cancel your reservation due to weather conditions (storms, heavy raining) or other marine hazards, you will receive a 100% refund, or you may optionally change to another available time at no charge. We will notify you if conditions do not permit boats to go out.
Cancel 48 hours or more before your reservation start time, and receive a 95% refund (5% retained to cover credit card and booking service costs, which we don’t get back).
Cancel by sending a message from the Contact section of our web site, or by calling/WhatsApp +48 607 990 683 during business hours (10am-8pm Central European time).
Cancellations received 12 to 48 hours prior to your schedule start time are refunded at 50%.
Inside 12 hours, prepaid reservation will not be refunded.
Cancellation credit
If you’d prefer not to pay a cancellation fee, cancel at least 24 hours in advance of your reservation, and you may elect to receive a 100% credit for a future date, to be used within 12 months. You will receive a voucher if you select this option.
Cancellations within 24 hours of your reservation start time are not eligible for cancellation credit.