These General Terms and Conditions (“DSA GTC”), together with the Privacy Policy, govern the use of the Damara Surf Adventures online mediation platform (“DSA Platform”)

About us

1.1 We, Damara Surf, are a travel agency, trading as Damara Surf Adventures. (“Damara Surf Adventures” or “we” or “us”) operate the DSA Platform and are responsible for it accordingly. We operate the DSA Platform as an intermediary platform on which trips (“Trips”) and adventures are offered online by a variety of providers around the world (“Suppliers”). We act as a commercial agent for the Suppliers. The descriptions, photographs, and other content for its own Trips originate from the respective Suppliers. We therefore have no direct influence on such content.

Scope

2.1 These DSA GTC apply to all visitors to and users of the DSA Platform and to all content within the offered operating systems (currently iOS, Android) (“Users”). As soon as you use the DSA Platform, you are obliged to comply with these DSA GTC. Therefore, please read them carefully during your first use.

2.2 They are available online and apply to all of our services, unless more specific terms and conditions for a specific service prevail. Should this be the case, we will make this clear at the appropriate time. Any of your terms and conditions that conflict with or deviate from the DSA GTC shall not apply unless we have expressly agreed to them in writing.

2.3 The use of the DSA Platform is only for you personally, i.e. you may not use it under any circumstances for business purposes. Keyword: Reselling tickets is absolutely forbidden! This means that any use that goes beyond your personal use in your private environment and/or serves commercial or business purposes, those personally connected to you and/or other third parties, in particular the commercial resale of tickets, is strictly prohibited.

What we do

3.1 You can view Trips on the DSA Platform. The contract for the provision of the Trip is concluded exclusively and directly between you and the Supplier (“Service Agreement”). When you buy a Trip on the DSA Platform, you are not buying anything from us, but directly from the Supplier. Service Agreements are concluded by us on behalf and for the account of the Suppliers. We act as a commercial agent for the Suppliers and are commissioned and authorized by the Suppliers to conclude transactions directly between Suppliers and Users, e.g. you, and for the account of the Suppliers and to collect payments from the Users. We do not offer any trips ourselves and therefore do not become your contractual party to any Service Agreement. We do not act as the organizer, the landlord, reseller or other contractual partner in relation to the Service Agreement with you. We receive a commission from the Supplier for brokering the Service Agreement.

3.2 You can filter the list of Trips by different parameters. There are various tools across the DSA platform to help users navigate through all Trips. 

3.3 In the interest of a fast and smooth process, you may direct questions about your booking to the Damara Surf Adventures customer service. For this purpose you can find various forms on Contact us ⎸Damara Surf Adventures, as well as through our hotline. As commercial agents, we support the Suppliers in this process. We usually answer within 24 hours, or at the latest usually within 48 hours. The communication between you and the Supplier can be done directly. In case of emergency, the contact details of the respective Supplier can be found on your voucher/ticket.

3.4 We reserve the right to make the use of the DSA Platform, individual functions of the DSA Platform or the extent to which individual functions can be used, subject to certain conditions, such as the payment behavior of the User (e.g. in the case of prior bookings) or the presentation of certain proof (e.g. proof of identity, purchase, payment, or ownership). We reserve the right to restrict your booking of Trips, or cancel Trips you have booked, in the case of suspected fraud, violation of these DSA GTC, or violation of obligations under the Service Agreement, which become known to Damara Surf.

3.5 We are not obligated to improve, extend (update/upgrade) or make available the content, functions and services provided via the DSA Platform. We may discontinue our services and performances at any time; there is no right to continuation.

Registration and DSA account

4.1 Although registration is not required to access the DSA Platform or book trips. We require personal information to process your booking as required per Supplier.

User agreement

5.1 You agree to these DSA GTC by using the DSA Platform.

5.2 You can terminate this agreement at any time by ceasing to use the DSA Platform. If you have already booked a Trip, your agreement with us remains valid until the booked Trip has been fully executed. Please note the additional conditions of the Supplier.

Customer service

6.1 Our customer service team is available to assist you with any questions you may have about your booking. You can reach us by phone, email, or chat. If you wish, we will call you back.

6.2 If you have any questions about the price of a Trip offered on the DSA Platform, we will be happy to check the price for you. For this purpose, please provide us with evidence of the cheaper price offered by the Supplier on the DSA Platform, which includes the same Trip with the same conditions.

6.3 Please note that we may also process personal data that you provide to us during a support request. For further details, please see our Privacy Policy.

Payment with Damara Surf Adventures

7.1 Prices for Trips can be found on the DSA Platform and may vary depending on the Supplier and the nature of the Trip. The payment of the price is made upon booking, unless otherwise stated.

7.2 We offer various payment options for booking Trips, such as credit card, direct debit, instant bank transfer, or PayPal. The payment processing of your order is done by the payment service provider mentioned in the booking process. Our service provider may charge you additional fees for the payment process.

7.3 If you use a credit card as your payment method, please note that the credit card issuer may charge additional fees (e.g., foreign transaction fees) which are beyond our control.

7.4 After payment has been made, you will receive an email confirmation containing all relevant information about the booked Trip.

Changes and cancellations

8.1 If you wish to change or cancel your booking, you may reach out directly to the DSA team through any contact services.

8.2 Please note that changes and cancellations may incur fees or additional costs, depending on the Supplier’s terms and conditions. These costs may vary depending on the time of the change or cancellation and the nature of the Trip.

8.3 If you have any questions about changes or cancellations, please contact our customer service team. We will be happy to assist you.

Reviews and user-generated content

9.1 You can submit reviews and other content related to your experience with a Trip on the DSA Platform. This content must comply with our guidelines, which can be found in our Community Guidelines.

9.2 By submitting content to the DSA Platform, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form, media, or technology. This license allows us to display your content on the DSA Platform and to promote the DSA Platform through various marketing channels.

9.3 You represent and warrant that you have all necessary rights to grant us the license described in Section 10.2 and that your content does not violate any third party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You agree to indemnify us for any claims arising from your content.

Data protection

10.1 We take data protection seriously and process personal data in accordance with applicable data protection laws and regulations. For further details, please see our Privacy Policy.

10.2 By using the DSA Platform, you consent to the collection, processing, and use of your personal data as described in our Privacy Policy.

Liability

11.1 We are not liable for the provision of the Trip or for any defects in quality or performance. This applies to any and all claims for damages against us, regardless of the legal basis, including but not limited to claims for non-performance or defective performance, and claims for tortious acts.

11.2 Notwithstanding the above, our liability for damages arising from injury to life, body, or health caused by a negligent breach of duty by us, our legal representatives, or vicarious agents shall remain unaffected.

11.3 Our liability under the Product Liability Act and other mandatory statutory liability provisions remains unaffected.

11.4 DSA reserve the right to change itineraries.

Amendment of the DSA GTC

12.1 We reserve the right to amend these DSA GTC at any time and without giving reasons. If we make significant changes to these DSA GTC, we will notify you in advance and give you the opportunity to review and accept the updated terms.

12.2 If you do not agree to the changes, you may terminate this agreement by ceasing to use the DSA Platform. If you continue to use the DSA Platform after the changes have taken effect, you will be deemed to have accepted the updated terms.

Miscellaneous

13.1 These DSA GTC and the Service Agreements concluded via the DSA Platform shall be governed by and construed in accordance with British (Specifically English) law.

13.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these DSA GTC and the Service Agreements concluded via the DSA Platform is London, United Kingdom.

13.3 Should individual provisions of these DSA GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic purpose of the invalid or unenforceable provision.