TOTAL BEGINNERS

You have never tried surfing, but able to swim. 

At this stage our focus is on teaching you the fundamentals of surfing which includes a dry session on the beach focusing on:

– Introduction to the surf board and equipment
– Correct position on the board
– Paddling technique
– How to protect yourself, board and others in the water
– Surf etiquette
– Passing the white water
– Correct pop up
– Correct stance

BEGINNER

Who has tried surfing a couple of times before (This is a challenging stage for both – you and our coaches – because in some surf schools you had before, the techniques used differ from the ones that we use. Therefore, we stick with the ISA method of teaching).

At this stage, we focus on:

– Reviewing the basics with you and comparing it with the methods you learned before (level 1.1)
– Working on your stance for more balance and improving on your pop up and paddling technique
– Teaching you on the basic stages of a wave and the shape of a wave at the particular beach
– Talk about positioning in the line up to catch unbroken waves
– How to do the angle take off and get into an unbroken wave to the left or right
– Learning how to slow down or accelerate according to the section of the wave
– Correct stance

ADVANCED BEGINNER

You have surfed more than a couple of days by now and understand the wave and board mechanics and you feel comfortable in the water most of the time. You have more control on catching the waves and your stance, but only able to go straight.

At this stage we focus on:

– Reviewing the basics of level 1.1 & 1.2
– Working on wave reading and positioning in the line up
– Improving on the angle take off and stance
– Learning the basics of trimming on a wave

BEGINNER INTERMEDIATE SURFER

At this stage, you have pretty good control over your paddling, are able to go out the back and catch unbroken waves and go left or right. You also understand about the waves, surfing and ocean conditions.

Our focus on you at this stage is:

– Generating speed on the wave
– Improving on the wave reading ability
– Duckdiving
– Improving the stance for more mobility
– Bottom turn & top turn fundamentals

Please complete this Release and Waiver form prior to your participation with Willing to Surf. The following waiver is required for anyone participating with Willing to Surf, and states that participants are responsible for themselves before, during, and after participation. By signing this Waiver, you are releasing Willing to Surf from liability for any physical injury or damages to personal property that may occur. Please read this Waiver carefully and completely. 

Assumption of Risk

I, the undersigned, hereby acknowledge that I have voluntarily chosen to take part in Willing to Surf. I hereby further expressly and unequivocally acknowledge my actual and absolute understanding that certain risks are inherent in taking surfing lessons/coaching and surfing, and other ocean and beach related activities, and that these risks cannot be eliminated, altered, or controlled; and these risks can be the cause of injury, illness, death, or other damages.  I know and fully understand that surfing is an outdoor activity in an uncontrolled natural environment with inherent risks and hazards where serious accidents and property damage can and do occur, and participants can and do die or sustain injuries.

I do hereby further expressly and unequivocally acknowledge – on behalf of myself– my full knowledge and understanding that surfing and taking surfing lessons necessarily entail participant exposure to numerous inherent and other known and unknown and unknowable risks, including, but not limited to: (1) loss of control of participant’s surfboard or the surfboard of another; (2) falls from the surfboard; (3) collision with other participants, equipment other surfers or surfboards, rocks, and/or other man-made or natural obstacles, whether obvious or concealed; (4) the split-second judgment, decision-making and conduct of the instructors (except for acts of wanton or gross negligence); (5) submersion in water and/or drowning; (6) encounters with animals, marine life and insects; (7) exposure to the outdoor ocean environment, extreme temperatures, sun, and  inclement weather, including travel by foot or vehicle in any way related to this activity; (8) assistance in lifting and/or carrying surfing equipment; (9) rescue-related injuries; and (10) unavailability of immediate and appropriate medical attention in case of injury.  I understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, anticipated or unanticipated, may also exist and result in injury, illness, disease, death or damage.  My participation in these activities is purely voluntary and I elect to do so at my own risk.  By signing this RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS, I do hereby knowingly and lawfully assume all such risk and full responsibility for any consequences of such risk.

Release of Liability

For, and in consideration of, the utility, privilege and enjoyment of surfing with Willing to Surf. I, the undersigned (herein, sometimes referred to as “Releasing Party”), do hereby – on behalf of myself (and also on behalf of all of my heirs, executors, administrators and assigns) – release, acquit and otherwise forever discharge Willing to Surf and any and all Willing to Surf volunteers, employees, directors, and instructors, and all of their respective owners, officers, agents, employees, members, or assigns (herein, sometimes referred to collectively as “Released Parties’) of and from any and all past, present or future causes of action, claims, demands, damages, costs, loss of services, expenses, compensations, third-party actions, suits at law or in equity, including claims or suits for contribution or indemnity, of whatever nature, and of and from any and all incidental or consequential damages in any way growing out of any personal injury or death or property damage resulting from my participation in any Willing to Surf surfing or other related activity. I understand that I will be participating in activities that include surfing, swimming, holding breath, treading water, significant cardiovascular endurance, physical exercise, and that I am fit to perform those acts. I further contend that I understand any injuries that may occur, and I release Willing to Surf from any injuries that may occur during the participation of those previously mentioned activities, and other related activities not mentioned. 

Furthermore, to the extent Released Parties ever provide transportation to the beach, I hereby acknowledge and willingly assume, on my own behalf all risks and hazards involved in the activity of riding in a motor vehicle; and I also expressly agree to release and otherwise discharge Released Parties from any act or omission, excluding acts of wanton or gross negligence, in rendering or failing to render any type of rescue, emergency or medical services.  In signing this document, I fully recognize and understand that if I am hurt, die, or my property is damaged, I am giving up my right to make a claim or file a lawsuit against the Released Parties, even if it negligently (or by some other act or omission, excluding acts of wanton or gross negligence) causes the injury or damage.

Indemnify and Hold Harmless

I hereby further agree that I will indemnify and otherwise save and hold Released Parties harmless from and against any and all claims or costs, including attorneys’ fees, of third-parties in any way arising from personal injury, death or property damage to any other participant, spectator or third-party, whether or not resulting from negligence, in the course of my participation in Willing to Surf activities. 

Medical Treatment

I consent to medical treatment and medical services that may be required if an injury occurs on-sight. I further acknowledge that in the event medical treatment be required, that my agent or responsible party be required to pay for any medical expenses incurred. Willing to Surf is not responsible for the cost of medical treatment.

Damage to Willing to Surf Property

I agree to reimburse Willing to Surf for any damages to property sustained to Willing to Surf surfboards, wetsuits, Yoga mats or other equipment, during my care.

Successors

I understand and agree that this RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS shall be binding upon myself and all of my heirs, assigns and next of kin and shall extend to the benefit of Released Parties and their successors and assigns.

Personal Responsibility

I do not, to the best of my knowledge, have any physical limitation, medical ailment or mental disability that would prevent me from participating in the abovementioned operations and activities. It is my responsibility to disclose any and all impairments that may impact my ability to perform.

Forum

Any dispute that may arise out of this agreement is governed by the laws of the Canary islands or Spain. Any litigation pertaining to this Waiver and Release of Liability Agreement shall be held exclusively in the islands of Fuerteventura, Canary islands, with the prevailing party being entitled to collect reasonable attorney’s fees, costs, and expenses from the non-prevailing party. The undersigned voluntarily submits to the exclusive personal jurisdiction of the state and federal courts in Fuerteventura, Canary islands and waives any and all objections to the jurisdiction or proper forum of such courts.

Severability

If any provision of this Waiver and Release of Liability Agreement shall be held unenforceable or void, it shall be severable from the remaining provisions and shall not affect their subsequent enforceability or validity.

Adherence to Policies

I hereby agree to abide by all rules, regulations, and instructions of Willing to Surf while participating in all Willing to Surf related activities. I understand that Willing to Surf may choose to refuse service to anyone, and if I am in violation of the policies, I may be asked to cease involvement. I understand and agree that Willing to Surf reserves the right to accept or deny service to any person, at any time, and for any reason. 

Willing to Surf (in the following “Wilmer Acosta”, “The company”, “we” or “us”) provides surf and yoga experiences in Fuerteventura to individuals. These Terms and Conditions govern the contractual relationship between Willing to Surf and the Traveler when booking a camp at our website or any other partner reservation platform, participating  in an activity or buying any related products or services. Since these Terms and Conditions constitute an agreement between you and Willing to Surf, it is important that you carefully read these Terms before booking your trip or buying related products or services. Please note that some Activities are sold but not carried out by Willing to Surf, different terms may apply to these Activities.

DEFINITIONS

The following terms and definitions shall have the meaning in these Terms as set forth in this provision: 

1.1 “Activities” :

The Activities provided at the destination and included in the Package, such as yoga lessons, surfing lessons etc. The Activities may be provided by Willing to Surf, an affiliate, a partner or subcontractor to Willing to Surf.

1.2  ”Agreement” These Terms, the Booking Confirmation and other brochures, catalogs and printed materials provided by Willing to Surf.

1.3  ”Booking Confirmation” The confirmation of the Traveler’s booking of a Package sent to the Traveler if the booking is accepted.

1.4  ”Website” : Willing to Surf website: https://willing2surf.com 

1.5  ”Package” :  Willing to Surf provides Package to the Traveler. Package refers to an arrangement that has been designed before an agreement is reached and which consists of: activities (such as surfing, yoga, etc) and accommodation. 

1.6 ”Terms” : These Terms and Conditions (this document). 

1.7 ”Traveler” Natural persons and businesses who buy Willing to Surf services and products (you).

2. THE BOOKING

2.1 By booking a Package, you acknowledge that you have read, understand and agree to be bound by these Terms.

2.2 When a booking has been submitted to Willing to Surf, Willing to Surf will send you a Booking Confirmation immediately after pressing the “confirm” button in the booking system. The booking is binding upon both parties only when such Booking Confirmation has been sent to you.

2.2.1 Please note that the Booking Confirmation after a booking via telephone has to be checked by the guest himself before paying the deposit. Willing to Surf doesn’t guarantee that all details are correct by booking via phone. We recommend sending all information via email or via our booking portal. 

2.3 If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party. By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your booking, notifying Willing to Surf if any changes or cancellations are required and keeping your party informed.

2.4 Any participant will, by confirming a booking, also confirm and accept our Terms and conditions, data protection policy and Package Agreement visible in the last booking step of the order.

3. OBLIGATIONS OF THE TRAVELER

3.1 The Traveler is responsible for having a complete and valid passport and other documents necessary for the fulfillment of the booking and, if circumstances so require, visa and required vaccinations.

3.2 Travelers are individually obliged to acquire travel insurance that covers medical treatment and includes a Covid insurance . The Activities that are offered through Willing to Surf includes a certain risk (even with the presence of instructors/guides), and it is the Traveler’s own responsibility to make sure their insurance covers injuries caused by the Activities Willing to Surf, any affiliate or subcontractors to Willing to Surf offers at any given destination.

3.3 The Traveler is responsible for booking flights and / or other transport to the destination stated at the time of booking of the Package. 

3.4 The Traveler shall immediately after receiving the Booking Confirmation, go through the Booking Confirmation, tickets and other travel documents and make sure that the information is in accordance with the Agreement and that the name is spelled in the same way as it is in the passport.

3.5 The Traveler shall immediately inform Willing to Surf of any changes to the travelers contact information, such as address, e-mail address, telephone number, errors in spelling or other information relevant to Willing to Surf’s opportunity to contact the Traveler.

3.6 The Traveler shall behave and not in any way impair the comfort and enjoyment of the other members of the booking or Package. Willing to Surf reserves the right to withdraw any booking, service or Activity made and/or to decline or refuse any individual as a member of the Package, if it appears, at Willing to Surf discretion, that such individual is likely to endanger the health or safety, or impair the comfort and enjoyment of the other members of the Package.

3.7 Prerequisite for participation : The Travelers must be at least 23 years old.

4. PRICE AND PAYMENT

4.1 Payments are divided into 2 payments and consist of a deposit of 20% and the remaining amount, 80 %. 

Guests will pay a 20% deposit at the time of the booking. 

The remaining 80% has to be paid in full 30 days prior to arrival at the latest to avoid cancellation of booking and loss of deposit.

Willing to Surf will send out a payment reminder for the outstanding amount for this 3 days prior to payment due date to the Travelers given email. The Traveler has at all times access to their invoice / payment status and payment method information on the email sent when booking.

4.2 If the terms of payment listed above are not withheld, Willing to Surf has the right to regard the booking as annulled, and can prospectively sell the booking to someone else.

4.3 Please note that if the package is purchased less than 30 days prior to arrival, full payment is due at the time of booking. The booking is a preliminary reservation until payment is received, and can be subjected to cancellation.

4.4 Arrival If the payment is delayed, a reminder with additional fee and new date of payment will be issued. By furthermore delay of payment, the case will be transmitted to a debt collector. Be aware that the booking is an obligatory agreement of purchase, and that you are obliged to pay unless you previously start a written cancellation request, within a valid reason of cancellation included in our terms and conditions section 5.

5. THE TRAVELER’S RIGHT TO CANCEL THE PACKAGE 

5.1 Any cancellation of the Package / booking request must be done in writing, either by mail or e-mail, with the booking confirmation number. 

5.2 The date of which Willing to Surf receives the cancellation request will be crucial and taken into consideration to estimate the amount of the refund or the Traveler’s payment responsibilities. 

Cancellation in days before arrival: Percentage of total refund: 

• Under 30 days to arrival: 0% (you will be charged 100 % of the total amount)

• Prior to 30 days before arrival : the 80% amount will be reimbursed. The 20% deposit is non refundable (in any case). 

5.3 No refunds are allowed if the Traveler chooses to cancel a Package / services / within booking 24 hours after it has started. 

5.4 The refund will take place within 2 weeks from the cancellation date. 

6. Willing to Surf’S RIGHT TO CANCEL THE PACKAGE TOUR

6.1 In accordance with paragraph 4 in this agreement, Willing to Surf has the right to cancel the booking and retain the deposit if payment has not been made in full within 30 days of arrival. 

6.2 A delay of 1 week when paying via bank transfer is considered normal procedure and therefore a payment a week prior to the due date is necessary when paying with bank transfer.

7. COVID 

7.1 If a Traveler feels ill with symptoms consistent with COVID during their stay with us, they should immediately notify Willing to Surf staff and be tested via antigen rapid test or PCR test. 

7.2 If the test is positive, the following requirements must be met: 

• If the Traveler has booked a private single room: he/she must remain quarantined in the room until he/she tests negative or, in any case, until the end of the booking date. As a result, he/she will not be able to participate in any of the activities scheduled at Willing to Surf. No refund of any kind will be given. 

• If the Traveler has booked a shared room: in order to avoid infecting other Travelers, the Traveler must either leave Willing to Surf immediately upon learning of the positive PCR test or either make a reservation to upgrade into a private room and do mandatory quarantine. No refund of any kind will be given. 

7.3 If the above requirements have not been met, Willing to Surf reserves the right to require the Traveler to leave and to take the necessary steps to do so. 

8. PARTICIPATION IN ACTIVITIES

8.1 Please note that sometimes Willing to Surf only acts as an intermediary and does not provide or perform the Activity at the destination. Activities may be organized and performed by an affiliate or subcontractor to Willing to Surf.

8.2 If the Activity is not provided by Willing to Surf, Willing to Surf is not responsible for the performance of the Activity. Different terms, regulations or laws may apply to an Activity not performed by Willing to Surf and the relationship between the Traveler and the party responsible for the Activity.

8.3 Travelers participate in all Activities at their own risk and are responsible for assessing whether a Package and/or Activity is suitable for them or not. Travelers should consult a physician to confirm their fitness for travel and participation in any planned Activities.

8.4 Willing to Surf does not provide medical advice. It is the Travelers responsibility to assess the risks and requirements of each aspect of the Package Tour and Activity based on their unique circumstances, limitations, fitness level and medical requirements.

8.5 In order to participate in an Activity, you must upon request provide any medical information reasonably requested by Willing to Surf and may be required to complete Willing to Surf Travel’s medical information form available at the time of booking or at the destination.

8.6 Willing to Surf reserves the right to deny the Traveler permission to travel or participate in any aspect of a Package or Activity at any time and at the traveler’s own risk and expense where Willing to Surf determines that the Traveler’s physical or mental condition renders the Traveler unfit for travel or represent a danger to himself, herself, themselves or others.

8.7 By booking a Package or any Activity at Willing to Surf, the traveler acknowledge that he/she/they: 

(A)  WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for his/her/their death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to him/her/they during his/her/their stay, including during the Activities provided by Willing to Surf and during the traveling from/to theses Activities, THE FOLLOWING ENTITIES OR PERSONS: Willing to Surf and/or their directors, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers;

(B)  INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the previous paragraph any and all liabilities or claims made as a result of participation in the Activities provided by Willing to Surf, whether caused by the negligence of release or otherwise.

The Traveler acknowledges that Willing to Surf and their directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific Activity on their behalf.

The Traveler also acknowledges that the Activities may carry with it the potential for death, injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the Activities.

8.8 Willing to Surf is not responsible for wind, wave, kalima (sand storms) and weather conditions during your stay, and will have the right to cancel surf lessons if wind, surf, kalima (sand storms) and weather conditions make it impossible or unsafe to run lessons as planned. Instructors and guides working for Willing to Surf will have the full right to make decisions about whether the conditions are appropriate or not for lessons, and will also do their best to give the missing lesson(s) back at another time during your stay. Travelers cannot claim a refund because of kalima (sand storms) or any other weather conditions hindering Willing to Surf in giving safe Activity lessons.

9. LIMITATION OF LIABILITY

9.1 Without limiting any other provision of these Terms, to the fullest extent permitted by law, Willing to Surf shall not be responsible or assume any liability to any Traveler for: 

(a) any injury, damage, loss or delay affecting any person or property not arising from Willing to Surf own negligence or breach;

(b) any loss, damage, cost, expense or delay suffered or incurred due to circumstances beyond our reasonable control, including but not limited to:

9.1.1 Actions or omissions of third parties (including any applicable third party service providers);

9.1.2 A force majeure events;

9.1.3 A failure by the Traveler to comply with any of his or her obligations hereunder; 

9.1.4 A failure by the Traveler to possess, obtain or maintain any travel documentation required for the Package (e.g. health certificates, visas, valid passports, etc.); 

9.1.5 A failure by the Traveler to follow reasonable instructions, including but not limited to noting and complying with specified check-in and check-out and/or meeting places and times.

9.2 To the fullest extent permitted by law, our maximum liability to any Traveler for any loss, damage, cost and/or expense shall in no event exceed the amount of the Package fare paid to and received by us in respect of such Traveler.

10. FORCE MAJEURE

10.1 Willing to Surf, as well as the Traveler, has the right to withdraw from the Agreement, after the Agreement has become binding upon the Parties, if a natural disaster, war, mobilization or military call-up of larger scale, requisition, seizure, authority regulations, contagious diseases, and riots or other events that significantly influences the performance of a Package or the conditions of the travel destination at the time when the Package is to be carried out. If the Traveler or Willing to Surf waive the Agreement under this provision, the Traveler is entitled to a refund of what he / she has paid under the Agreement.

If Willing to Surf waives the Agreement under this provision, the Traveler is not entitled to damages or any other penalties.

10.2 The assessment of whether an event is considered to be such an event as specified in 10.1 shall be made taking into account official statements from Spanish and other international authorities. A statement issued by the Ministry of Foreign Affairs refraining from travel to the current travel destination shall be regarded as such an event.

10.3 The Traveler is not entitled to withdraw from the Agreement in accordance with clause 10.1 if, at the conclusion of the Agreement, he / she knew that such an incident occurred as referred to in this section 10 or if the event was generally known.

10.4 The cancellation by force majeure is not valid if the Willing to Surf does not have to close due to the force majeure, e.g. if there is a volcano eruption causing a cloud of ashes that will lead to flight cancellations. Willing to Surf does not offer or sell flights, and is therefore not obliged to refund their packages if there is a flight cancellation that leads to the customer being hindered from arriving in time.

11. REFUNDS, COMPLAINTS, CLAIMS AND ERROR CORRECTION

11.1 In the event of a defect in the agreed services, the Traveler shall immediately, after having noticed or should have noticed the defect, give Willing to Surf or to the subcontractor to which the fault relates a complaint, so that we or the subcontractor are given the opportunity to correct the defect. Complaints should be made on the journey if possible. If it has been possible to make the complaint before returning home, but this has not happened, the Traveler’s right to complain has been lost.

11.2 The Traveler shall, as far as possible, ensure that the complaint is documented in writing by us or our subcontractor at the destination. The Traveler may not invoke a defect if a complaint has not been made in accordance with the section 11.1 above. 

11.3 Claims for damages or deductions shall be made to Willing to Surf immediately after the end of Package and within 7 days of check out date to contact@willing2surf.com 

11.4 If a claim is made due to defects in the Package later than two months from the date on which the Traveler noticed or should have noticed the defect, the Traveler is deemed to have lost the right to invoke the defect.

11.5 If we offer to correct the error, the Traveler may not demand a deduction or cancel the Agreement, provided that the correction is made within a reasonable time and at no additional cost or material disadvantage to the Traveler.

12. AMENDMENTS

12.1 Willing to Surf reserves the right to update or alter these Terms at any time, and will post the amended terms on the Website. Any amendment will take effect 5 days after being posted to the Website. An up to date copy of these Terms, as amended, may be accessed at any time on the Website and will be sent to you upon written request to Willing to Surf. You are deemed to have accepted any amendments to these Terms on the date that is 5 days after their posting on the Website.

13. SEVERABILITY

13.1 If any provision, or part thereof, in the Agreement would be or become invalid, this shall not render the entire Agreement invalid. Instead, and to the extent the invalidity substantially affects a Party’s payoff or performance according to the Agreement, reasonable adjustment shall be made.

14. GOVERNING LAW AND DISPUTE RESOLUTION

14.1 This Agreement shall be construed in accordance with, and governed by the laws of Spain.

14.2 All disputes in relation to this Agreement shall be settled by public courts in Spain.