Article 1 – Purpose
These general terms and conditions of sale (hereinafter referred to as the "GTC") define the respective obligations of the company HEGOA SURF CAMP (hereinafter referred to as "HEGOA"), a simplified joint-stock company registered with the RCS of BAYONNE under number 987 569 969, represented by its President Eneko ARTOLA, and the Client (as defined in Article 2) in the context of the sale of Packs (as defined in Article 2) by HEGOA. The GTC are applicable at the time of booking the stay. Booking a stay implies full acceptance of the GTC.
Article 2 – Definitions
Activities: Refers to all leisure offers provided by HEGOA. These activities must be booked through HEGOA and are provided by Partners.
Client: Refers to any individual who has booked a Pack and thereby benefits from the Accommodation, catering, and Activities offered by HEGOA.
Accommodation: Refers to all hosting arrangements offered by HEGOA to its Clients:
Bare pitches intended for a tent + a vehicle, or a camper van.
Private tents (2 people) or shared tents (5 people).
Pack: Refers to the stay offers provided by HEGOA. These Packs include:
Accommodation options;
Activity options;
Catering options.
Partner: Refers to all service providers with whom HEGOA has concluded a partnership agreement, and who offer their services (sports activities or catering, except for breakfast) to HEGOA's clients. Sports activities (surfing and yoga) are provided by Partners who possess all the qualifications and certifications required by law and any local regulations.
Booking: Refers to any Pack booking made on the Website or any other marketing medium, and confirmed by HEGOA.
Website: Refers to HEGOA's website: https://www.hegoasurf.com
Article 3 – Booking Conditions
3.1. Prerequisites
The Client holding the Booking must be of legal age and have the legal capacity under French law. The personal information provided must exactly match that on official travel documents. For security reasons, unaccompanied minors without their legal guardians are not accepted. Age restrictions may also apply for participation in Activities. The Client agrees to respect the maximum capacity allowed for each reserved Accommodation. If, upon arrival, it is found that the number of occupants exceeds this capacity, HEGOA reserves the right to deny access to the Client, without any possibility of refund for the Booking.
3.2. Booking Procedures
The booking procedures are as follows:
On the Website
By phone at 05.59.41.38.89
Via any other marketing medium distributed by HEGOA.
The Booking is subject to the payment of 50% of the Pack in one go, by credit card. The remaining balance must be paid no later than two weeks before the start date of the stay.
The validation procedures for the Booking are as follows:
- Booking on the Website
The Client can make a Booking on the Website. The Client selects one or more Packs based on the availability offered by HEGOA. In case of an online Booking, the Booking only has contractual value from (i) the effective payment of 50% of the chosen Pack(s), and (ii) upon receipt of a written confirmation of the Booking by email, summarizing all the information related to the stay. The remaining balance must be paid no later than two weeks before the start date of the stay.
- Booking by phone
The Client can place an option on a Pack by phone by contacting the following number: [number]. HEGOA sends the Client a letter summarizing all the details of the stay option, the GTC, and a payment link to proceed with the Booking payment. This option is valid for a period of 7 days from the receipt of the letter by the Client, after which the option will be deleted by HEGOA. If the Client confirms their option and proceeds with the payment of the Booking requested by the Company within the allotted time following the payment methods mentioned in Article 5 of the GTC, the option becomes a booking subject to the Client receiving the confirmation email from the Company at the email address they have provided.
- Booking via any other marketing medium distributed by HEGOA
The Client must comply with the Booking conditions specified on the medium in question.
3.3. No Right of Withdrawal
In accordance with Article L. 221-28 12° of the French Consumer Code, the right of withdrawal does not apply to accommodation, transport, catering, and leisure services that must be provided on a specific date or period. The 14-day withdrawal period is therefore not applicable to the Booking of Packs.
Article 4 – Prices
4.1. General Provisions
The applicable prices are those indicated on the Website at the time of Booking. It is specified that HEGOA applies dynamic pricing, implying a variation in the price of Packs depending on demand. Consequently, it is possible that for the same stay, Clients may be charged different prices. Clients who have paid the highest price cannot under any circumstances obtain a refund of the difference with a lower price that another Client may have benefited from under this pricing.
The displayed prices are in euros and include all taxes (VAT included).
Regardless of the chosen Pack, additional charges may be applied for extra persons, vehicles, animals, or visitors, subject to acceptance by HEGOA.
4.2. Tourist Tax
The Client acknowledges that, in accordance with current regulations, a tourist tax is applicable for each night. The amount of this tax may vary depending on the category of accommodation and the number of people. The tourist tax is paid by the Client when paying the remaining balance, no later than two weeks before the start date of the stay. However, if the amount of this tax were to change between the Booking and the start date of the stay, HEGOA will make the necessary adjustments, namely a refund in case of overpayment or an additional invoice in the opposite case.
Article 5 – Payment Methods
The confirmation of the Booking is subject to the payment of 50% of the Pack at the time of Booking and the full remaining balance, no later than two weeks before the start date of the stay. Regardless of the Booking method (cf. Article 3.2), an email is sent to the Client to summarize the details of the Booking and invite the Client to proceed with the payment.
The accepted payment methods are as follows:
- By credit card (Carte Bleue, VISA, or Mastercard) online on the Website (secure payment)
The information related to the Client's credit card is fully protected. The Company cannot in any way access the Client's card number, except to obtain payment for the Booking.
Article 6 – Stay
6.1. Arrival / Departure
The arrival and departure times are specified to the Client in the Booking confirmation email. In case of delayed arrival or early departure compared to the dates mentioned on the Client's Booking confirmation, the Client must inform HEGOA. No price reduction for the Booking can be considered, and the Client cannot claim any refund for the unused part of the stay.
6.2. Security Deposit
A security deposit is requested from the Client prior to their arrival (within an indicative period of one week to 1 month before their arrival date) or, if applicable, upon arrival at the surf camp. This deposit will be returned at the end of the stay and/or no later than within eight days by mail from the date of departure, subject to the Accommodation being returned in good condition and clean. HEGOA also reserves the right to retain part or all of the deposit in case of damage to the Accommodation and/or its contents and/or the equipment at the surf camp, including the equipment of the Providers. HEGOA also reserves the right to deduct from the security deposit the amount corresponding to missing equipment and/or cleaning fees if the cleaning has not been properly done upon departure.
6.3. Choice of Accommodation Location
The Client's wishes for a specific Accommodation are not contractual. They will be taken into account as far as possible, the allocation of Accommodations being made according to availability and reception possibilities upon the Client's arrival.
6.4. Animals
As a rule, animals are not allowed. However, small animals may be allowed upon request made at least 1 day before the Booking date.
6.5. Internal Regulations
The Client agrees to read the Camping's Internal Regulations before their arrival. They acknowledge that these Internal Regulations will govern their stay in addition to the GTC. During the stay, the Client agrees to respect the Internal Regulations and to ensure that they are respected by the people staying with them and/or their visitors, who are under their responsibility. In case of non-compliance with the Internal Regulations, the Camping will have the authority to enforce them and, if necessary, take all necessary sanctions, up to the exclusion of the Client from the camping without refund of the stay price.
6.6. Liability
In accordance with current legislation (Article 1952 of the Civil Code), the sale of tourist stays does not fall under the liability of hoteliers. Consequently, the Company's liability cannot be engaged in case of loss, forgetfulness, theft, or damage to personal belongings, particularly in the Accommodation, the spaces provided for Activities, the common areas, and the adjoining parking lots. The Client is responsible for the security of their Accommodation during their stay and must ensure it accordingly. Certain precautions can avoid any inconvenience for the Client.
6.7. Insurance and Medical Certificate
The participation of the Client and their companions in the Activities is conditional on their ability to practice them. Therefore, a medical certificate dated less than 3 months will be required at the beginning of the stay and will be communicated to the Provider in charge of the Activity. Each person participating in the Activity must have a medical certificate. HEGOA and the Provider reserve the right to refuse participation in the Activity to any person who does not have a medical certificate dated less than three months, or who shows clear signs of inability to participate in the Activity. The Client and their companions must have insurance covering any medical expenses.
6.8. Use of Equipment
The Client is responsible for the appropriate use of the equipment provided by HEGOA and its Partners, particularly in the context of Activities. Any loss or damage due to the Client's negligence or misuse will be charged to the Client. Some equipment (such as surfboards, wetsuits) may have restricted hours of use for safety and fairness reasons towards other guests. These hours are communicated to the Client upon arrival.
6.9. Photography and Media Use
During the Client's stay, HEGOA and/or its Providers may take photographs and/or make videos within the surf camp for animation and/or communication purposes, on all media, in which the Client and the people accompanying them may appear. By accepting the GTC, the Client is presumed to authorize HEGOA and its Providers to use the photos and/or videos in which they appear for the aforementioned purposes. They guarantee this authorization for the people accompanying them. Any specific refusal must be notified in writing to HEGOA. The Client or one of the people accompanying them may request at any time, within a reasonable period, the removal of the photo/video in which they are recognizable by sending a written request to HEGOA.
6.10. Termination of the Booking due to the Client's Fault
The Booking contract will be automatically terminated due to the Client's fault in any of the following situations:
If the Client does not show up within 24 hours of the start of the stay, without notifying HEGOA and without justification for their absence. HEGOA will then consider that they have renounced their Accommodation after the 24-hour period. The total amount they have paid will be retained, if applicable, and no refund will be made.
In case of repeated offenses, i.e., if the Client or their companions violate the rules after having received an email warning them to comply with the Internal Regulations, HEGOA reserves the right to terminate the stay contract with immediate effect. In such a case, the Client will be required to leave their Accommodation within three hours of the termination of their contract, which will be notified by email. No refund will be made by the Company. In particular, HEGOA declines any responsibility in case of exclusion of a Client for non-compliance with the Internal Regulations, and reserves the right to take legal action if necessary.
Article 7 – Modification of the Booking
Any request to modify the Booking (change of dates, change of Pack...) must be sent to HEGOA at least two weeks before the start of the stay. HEGOA will make its best efforts to satisfy the Client's request, depending on availability. Any modification of the Booking may result in a price variation upwards or downwards, the new applicable price being the one displayed on the Website on the day of the modification of the Booking. Moreover, any promotion that the Client may have benefited from at the time of the initial Booking is not transferable to the modified Booking.
Article 8 – Cancellation of the Booking
8.1. Cancellation by the Client
It is reminded that the Client does not benefit from the right of withdrawal in accordance with Article L.221-28 12° of the French Consumer Code. Any cancellation request must be sent to HEGOA by email (the date of the email being the reference date for calculating the deadlines for the refund amount), and will only be confirmed by a return email from HEGOA. Any cancellation request made by phone will not be taken into account. Any cancellation results in the termination of the Booking and HEGOA reserves the right to offer the Accommodation for rent again.
The refund will be made as follows:
100% refund of the Booking if the cancellation is made at least 2 months before arrival.
75% refund of the Booking if the cancellation is made at least 6 weeks before arrival.
50% refund of the Booking if the cancellation is made at least 4 weeks before arrival.
No refund for cancellations made less than 4 weeks before arrival.
Moreover, no refund will be made for early departures or missed Activities for personal reasons, illness, or injury.
8.2. Cancellation by HEGOA
In case of cancellation by HEGOA, except in case of force majeure (as defined in Article 1218 of the Civil Code and interpreted by case law), the amounts paid for the Booking will be fully refunded. However, this cancellation cannot give rise to the payment of damages.
Article 9 – Complaints - Disputes
Any complaint regarding the non-compliance of the services with the contractual commitments can be reported by mail or email addressed to HEGOA. HEGOA favors amicable settlement of disputes.
Article 10 – Applicable Law and Competent Jurisdiction
The GTC are governed by French law. The GTC have been drafted in French and may have been translated into different language versions. For their interpretation in case of dispute, only the French text is authoritative, the translated versions being provided for information purposes only. In the event that one of the clauses of the GTC is declared null and void, this shall in no way affect the validity and compliance with the other clauses, which shall remain fully applicable. Any dispute or claim arising from them, whether for their validity, interpretation, execution, or termination, shall be brought by the most diligent party before the French courts, regardless of the Client's country of origin, except for public policy provisions.
Article 11 – Personal Data
The processing of personal data that HEGOA implements for the needs of the Booking is governed by the "Privacy and Cookies Policy", available on the Website.
