SURFRIEND.COM TERMOS E CONDIÇÕES
CAREFULLY READ TERMS AND CONDITIONS. THIS SECTION PROVIDES IMPORTANT INFORMATION ABOUT YOUR RIGHTS, ACTIONS AND OBLIGATIONS. THESE TERMS INCLUDE RESTRICTIONS AND PLACE OF JURISDICTION, AS WELL AS THE GOVERNING LAWS AND APPLICABLE REGULATIONS. THE USER ACKNOWLEDGES AND ACCEPTS THAT BY ACCESSING OR USING THE WWW.SURFRIEND.COM WEBSITE, ITS CONNECTED MOBILE APPLICATIONS, OR ITS SERVICES, OR DOWNLOADING OR UPLOADING ANY CONTENT FROM/TO THE ABOVE MENTIONED WEBSITE, THROUGH THE APP OR ITS SERVICES, DEMONSTRATES HE/SHE HAS READ, UNDERSTOOD AND ACCEPTED TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS, REGARDLESS OF HIS/HER REGISTRATION TO THE SITE OR THE APP. IF THE USER DOES NOT ACCEPT THESE GENERAL CONDITIONS, HE/SHE SHALL HAVE NO RIGHT TO ACCESS OR USE THE SERVICE, THE WWW.SURFRIEND.COM WEBSITE, ITS RELATED APPLICATIONS FOR MOBILE DEVICES AND COLLECTIVE CONTENT. IF USER ACKNOWLEDGES OR ACCEPT TO COMPLY WITH THESE TERMS AND CONDITIONS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, HE/SHE DECLARES AND WARRANTS TO HAVE THE AUTHORITY TO BIND SUCH COMPANY OR OTHER LEGAL ENTITY TO THESE GENERAL CONDITIONS.
SURFRIEND is an Italian based Internet service provider also active abroad. Through its Technological Platform, SURFRIEND connects Business Users who may be owners and/or Managers of venues and surf-related Equipment or Service Providers, who wish to temporarily rent such Venues and/or Surf Equipment, and/or provide Ancillary Services (including also video and photo shoots) for Consumer Users wishing to rent Venues and/or Surf Equipment and use the Entertainment Services for entertainment and leisure, not for commercial purposes. The type of technology used is the "peer- to-peer marketplace" whereas the whole process takes place without any intermediation acted by the Technological Platform Manager, but entirely on line, through the SURFRIEND Technology Platform, PayPal and Stripe as Payment Platforms.
Article 1 - Definitions
If not otherwise stated in these General Terms and Conditions, the following terms in capital letters shall be intended as follows.
Surfriend Account: indicates the User’s account (either Customer or Business) as he/she registers to the Service through the Technological Platform, in order to interact with other Users, make Bookings of Venues and/or Surf Equipment and/or Ancillary Services, post Listings and take advantage of the Service in all the features permitted by these General Terms and Conditions.
Listing or Listings: indicates a temporary rental offer for a Venue, Surf Equipment, and/or the provision of Ancillary Services (including also video and photo shoots), published on the Technology Platform by a Business User, made public for it to be booked by a Consumer User.
Surf Equipment indicates the surfboards, wetsuits, gloves, shoes, lycras, and in general the accessories and equipment needed to perform wave surfing at non-competitive levels and provided by the Business User through the Technology Platform.
PayPal®: Indicates the Internet platform for the management of payments, reimbursements, deposits, and any other financial transaction used by SURFRIEND for the management of the Service. PayPal Inc. company operating in Europe through PayPal (Europe) S.à r.l. et Cie, SCA, a company regularly authorized to operate as a credit institution pursuant to the Luxembourg Law of 5 April 1993 (Article 2) concerning the financial sector, as subsequently amended, and is subject to supervision and prudential supervision by the Commission de Surveillance du Secteur Financier in Luxembourg. PayPal Legal
Stripe®: indicates the Internet platform for the management of payments, reimbursements, deposits, and any other financial transaction used by SURFRIEND for the management of the Service. Stripe Inc. company operating in Europe through Stripe Payments Europe, Ltd. Stripe Legal
Check-In: indicates the time at which the Host delivers to the Guest the Venue by delivering keys or other appropriate means to allow access to it, in accordance with the Listing and Booking.
Withholding tax: indicates the 21% rate (or the different rate subsequently established by law) provided by DL 50/2017 as amended, for the temporary rental of apartments and/or holiday homes, also applicable through Internet brokers, in less than 30 days Venue Rentals.
Commissions: indicates the costs SURFRIEND charges to the User for the use of the Technology Platform.
General Terms and Conditions: efers to these general terms and conditions applicable to both Users and SURFRIEND.
PayPal General Terms and Conditions: indicates PayPal general terms and conditions as published and amended PayPal Legal, or at a different url made available by PayPal.
Stripe General Terms and Conditions: indicates Stripe general terms and conditions as published and amended Stripe Legal, or at a different url made available by Stripe.
Surf Equipment Delivery: indicates the costs SURFRIEND charges to the User for the use of the Technology Platform.
Guest or Guests: indicates a Consumer User intending to rent a Venue through the Technological Platform.
Host or Hosts: indicates a Business User willing to rent a venue through the Technological Platform.
Technological Platform: indicates the technological platform on the Internet at www.surfriend.com and on mobile applications under the “SURFRIEND” name.
SURFRIEND: indicates URANO’S s.r.l.s., with registered office in Cagliari, Via Vittorio Veneto 1 (VAT code IT 03673800920)
Booking: indicates booking made through the Technological Platform by a Consumer User for a Venue, Surf Equipment and/or Ancillary Services, published on a Business User’s Ad.
Price for Venue or Prices for Venues: indicates the fees, daily costs and costs payable by the Guest to the Host and due to the Guest’s stay at such Venue, including, where applicable, the withholding taxes.
Price for Surf Equipment: indicates fees, expenses and daily costs Consumer User or Business User must pay for the renting of the Surf Equipment.
Prices for Ancillary Services: indicates fees, expenses and daily costs Consumer User and Business User must pay for Ancillary Services.
Total Price: indicates the sum of the Price of the Venue, Surf Equipment and/or Ancillary Services provided by the Ad, in addition to the Commissions, plus VAT and other applicable fees.
Service or Services: indicates the complexity of the market-place services provided by SURFRIEND through the Technological Platform to connect directly to Consumer Users and Business Users for the booking of Venues, Surf Equipment and/or supply of Ancillary Services under these General Terms and Conditions.
Venue or Venues: indicates apartments, villas, bungalows, camping sites, rooms inside the apartment or villas, etc., where guests intend to stay for a short period of time, according to these General Terms and Conditions and related Host ads.
Ancillary Services: indicates all ancillary services provided by the Business User and primarily consisting of photographic services, surfing, counseling and assistance related to surfing activities, driving services of the best places for surf activities (so-called "spots") and any other accessory services offered by Business User through Technological Platform.
User: indicates an user of the website www.surfriend.com or the mobile application called "SURFRIEND" that visits the site both as a registered user and as an unregistered user and both as a Business User and as a Consumer User.
Consumer User: indicates a User intending to use the Technological Platform to rent or to take advantage of a Venue, Surf Equipment and/or Ancillary Services.
Business User: indicates a User (Host, Surf Equipment and/or Ancillary Services Provider) that intends to use the Technological Platform to offer to rent or to provide Venue, Surf Equipment or Ancillary Services.
Value of Booking: indicates the Value of the Booking of the Venue, the Surf Equipment and/or any Ancillary Services consisting of the sum of the Venue Price, plus the Surf Equipment Price plus the Ancillary Services Price for Booking.
Article 2 – Agreement and Type of Deed
SURFRIEND IS NOT INVOLVED IN ACTIVITIES OF BUSINESS INTERMEDIATION OR REAL ESTATE AGENT SERVICES, EXCLUSIVELY AIMING TO PROVIDE INTERNET AND PROMOTIONAL SERVICES IN FAVOR OF BUSINESS USERS AND CONSUMER USERS. BUSINESS USERS, IN PARTICULAR, REMAIN UNIQUELY RESPONSIBLE FOR RENTING OR LOCATION OF VENUES AND SPORTS EQUIPMENTS, AND FOR THE SUPPLY OF ACCESSORY SERVICES.
Article 3 – How Technological Platform Works
SURFRIEND, following the User's approval of the terms and conditions set out in these General Terms and Conditions, grants to the latter, without any territorial limitations, however revocable, the use of the Service in order to manage Surf Equipment and/or Ancillary Services Bookings, as SURFRIEND shall indicate case by case on the www.surfriend.com website and/or in its related mobile applications.
The features of the Technological Platform and its operational and working aspects are established, and can be modified, unilaterally by SURFRIEND.
User acknowledges and agrees that the use of the Technological Platform is part of the so-called "Software as a Service" (SaaS), provided as is (AS IS), without any warranty, either express or implied, by SURFRIEND, releasing it from any liability in case of malfunction or loss of data, caused by problems with the use of the Technological Platform.
Services may be used to facilitate the publication of Listings and Booking of Venues, Surf Equipment and/or Ancillary Services on the basis of the Contract. In accordance with the foregoing indicated, SURFRIEND provides an on-line or virtual "marketplace" platform with relevant technology for Consumer Users and Business Users to meet on-line and arrange Venues, Surf Equipment and/or Ancillary Services booking directly between of them. SURFRIEND does not own, sell, resell, supply, provide, lease, sub-license, manage, and/or control the SURFRIEND's assets, Venues or Surf Equipment Venues, Surf Equipment, or Ancillary Services.
Services do not include administrative, legal, tax or other services designed to support Users in their activities within the Venues in any way, in using the Surf Equipment or in the use of Ancillary Services.
PLEASE NOTE THAT TECHNOLOGICAL PLATFORM AND SERVICES ARE INTENDED TO BE USED TO EASE DIRECT INTERACTION BETWEEN CONSUMER USER AND BUSINESS USER AND RESERVATION OF SPACES, SURF ACCESSORIES AND ANCILLARY SERVICES. SURFRIEND DOES NOT CHECK AND CAN NOT CONTROL REGULARLY THE CONTENT INCLUDED IN THE LISTINGS OR CONDITION, LEGALITY OR EQUIPMENT OF ANY SPACE, SURF EQUIPMENT OR ACCESSORIES. SURFRIEND WILL TRY TO SUSPEND AND/OR EDIT, FOR WHAT IS POSSIBLE, ONLY THE LISTINGS THAT ARE VIOLATING ITS GENERAL TERMS AND CONDITIONS. SO, SURFRIEND CANNOT THEREFORE BE HELD RESPONSIBLE AND EXCLUDES ANY LIABILITY IN RELATION TO ALL LISTINGS, VENUES, SURF EQUIPMENT AND ANCILLARY SERVICES. CONSEQUENTLY, ANY RESERVATION WILL BE MADE TO THE EXCLUSIVE RISK OF THE USER CONSUMER
Article 4. Notes on Personal Safety.
SURFRIEND's goal is to promote a recreational, non-agonistic, healthy and conscious lifestyle, based on surfing and its lifestyle and positive mindset. However, for its nature, surfing can be termed as "extreme" sport and therefore subject to multiple risks. Surfing waves, though played for recreational and non-competitive purposes, must be carried out by experienced people and who are well aware of the risks involved in this particular sporting practice for both themselves and third parties. Consumer Users are therefore advised not to perform any surfing activities if they do not have the appropriate technical skills, and are still responsible for their personal health and physical integrity to them and to third parties. Consumer Users, although not mandatory for wave surfing, are encouraged to provide appropriate insurance policies to protect their own privacy and third parties. In any way can the Service offered through the Technological Platform be considered a medical or sport advice or consultation. SURFRIEND is not qualified to provide medical or sporting care, and however, Business Users providing Ancillary Services, surf lessons (if any), cannot be considered as trainers, instructors, medical doctors, or sports coaches at various titles. Therefore, SURFRIEND cannot be held responsible for itself or for its employees, advisers, in accordance with these General Terms and Conditions. The only subjects who provide opinions, recommendations or comments to the User within their amateur surf activities are exclusively Business Users in the cases where they provide surf lessons as Ancillary Services. Consumer User is always advised to contact a medical or sports staff or a qualified consultant before starting surfing and assumes any responsibility for this by releasing SURFRIEND and the Business Users from any liability for damage to persons and property. The User acknowledges and accepts that all the amateur, sports and/or recreational activities he/she performs, being of a physical nature and involving their body and their physical capabilities, may involve physical risks of various kinds, including personal injury, forms of illness, inflammatory phenomena, heart or respiratory failure, pathologies of various kinds, as well as the death of the individual as well as other potential material damage. The Service does not in any way allow SURFRIEND to carry out a history and analysis of the Customer User and in any case SURFRIEND does not in any way provide medical advice or advice or medical analysis or medical check-ups. Business Users who provide any surf lessons or Surf Equipment, not providing professional medical or specialist medical, dietary or nutritional services, do not require any Medical Certification for the Consumers User to conduct motorbike activities, amateur or recreational sports generally linked to the surf world, nor do they have specific insurance policies. Consumer Users with neoplasia, heart related diseases and/or post-cardiac surgery (by-pass, interventions, valve, etc.), arterial hypertension, epilepsy or seizure, illnesses that cause balance alterations, chronic respiratory diseases (asthma, emphysema, etc.), or other forms of illness or physical impediment, are encouraged not to engage in recreational or sporting activities in general, with particular reference to those related to surfing, without first consulting a medical doctor or a specialized sports consultant.
Article 5 – Registering a SURFRIEND Account.
In order to access certain functions of the Service, as well as to book a Venue, Sports Equipment or Ancillary Services, or create a Listing, it is necessary to register and create an account ("SURFRIEND Account"), thus becoming a registered user. User can register and open a SURFRIEND account by entering, in the manner specified in the Technological Platform, your first and last name, your email, and selecting a password. In addition to what already said, the User can register and open a SURFRIEND account by logging into their account of certain third-party social network sites ("SNS") (including, but not limited to, Facebook); each of these accounts is called "Third Party Account" through the Technological Platform, as described below. As an integral part of the functionality of the Technological Platform and the Services, the User may link their SURFRIEND Account to Third Party Accounts, either: (i) providing SURFRIEND's login data to their Third Party Account through the Technological Platform or the Services; or (ii) allowing SURFRIEND to access its Third Party Account in accordance with what is permitted under the applicable terms and conditions governing the use of each of these Third Party Accounts. User declares that he/she has the right to disclose his/her access to the Third Party Account to SURFRIEND and/or to allow SURFRIEND to access his Third Party Account (including, but not limited to, use for purposes herein) without violating any of the terms and conditions governing the use of the applicable Third Party Account, and without requiring SURFRIEND to pay any commission, or make SURFRIEND subject to any usage limit imposed by that service provider third party. By allowing SURFRIEND access to any Third Party Account, the User understands that SURFRIEND shall access, make available and store (if applicable) any content provided and archived in its Third Party Account ("SNS Content") so that it is available through the Technological Platform through your SURFRIEND Account and SURFRIEND account profile page. Except as otherwise stated in these General Terms and Conditions, all SNS Content, if any, shall be deemed to be User Content under the Contract. Depending on the Third Party Account chosen by the selected User, and subject to the privacy settings selected in such Third Party Accounts, the personal identification information published on such Third Party Accounts shall be available on and through its SURFRIEND Account on Technological Platform and Services. Please note that if a Third Party Account or associated service becomes unavailable, or SURFRIEND access to such Third Party Account should be terminated by the Third Party Service Provider, SNS Content shall not be more available on and through the Technological Platform or the Service. User has the right to disable the connection between their SURFRIEND Account and the Third Party Account at any time by accessing the appropriate section of the Technological Platform. PLEASE NOTE THAT RELATIONSHIPS WITH THIRD PARTY SERVICES SUPPLIERS TO THE ACCOUNTS OF THIRD PARTIES ARE EXCLUSIVELY DISCIPLINED BY AGREEMENTS WITH THESE SERVICE PROVIDERS OF THIRD PARTIES. SURFRIEND accepts no responsibility for any SNS Content for any reason, including, but not limited to, the accuracy, legality or non-violation of the SURFRIEND and SURFRIEND is not responsible for any SNS Content. In order for the User to use the Service, SURFRIEND shall create a SURFRIEND Account and a SURFRIEND Account Profile page for the User, based on personal data provided by the User or that SURFRIEND shall obtain through an SNS, as previously said. User cannot have more than one (1) active SURFRIEND Account. User agrees to provide accurate, complete and current data during the registration process and to update such data and keep it accurate, current and complete. SURFRIEND reserves the right to suspend or resolve the SURFRIEND Account and access to the Technological Platform and the Service if the User creates more than one (1) SURFRIEND Account or if any information provided during the registration process or later be inaccurate, not up to date, or incomplete. User is responsible for protecting his/her password. User declares that it shall not disclose password to any third party and that he/she shall be solely responsible for any activity or activities related to his/her SURFRIEND account, whether or not User has authorized such activities or actions. User shall immediately notify SURFRIEND of any unauthorized use of his/her SURFRIEND account.
SURFRIEND shall not be liable to Users or third parties in the event of delays, malfunctions and/or interruptions of the Technological Platform's activities caused by: (i) force majeure or accident; (ii) disruption of supply of electricity supply services. In any case, Users shall disclaim SURFRIEND from any liability if they fail to achieve the desired result with the use of the Technological Platform.
Users are aware that SURFRIEND has no Customer Assistance Service and therefore release The Company from any liability whatsoever.
Article 6 - Listings
Consumer User, has faculty to book Venues, Sport Equipment and/or Ancillary Services according to the General Terms and Conditions.
Business User has faculty to make Listings to offer Consumer Users Venues, Sport Equipment and/or Ancillary Services always according to General Terms and Conditions.
To make a Listing, Business User shall fill an on-line form inserting the title of the Listing, description and content of the same if it intends to rent a Venue, Surf Equipment and provide any Ancillary Services, specifying the details of the Listings.
As far as renting Venues is concerned, you shall need to include information such as location, capacity, size, features and availability and price, as well as the related rules and payment terms of Venues.
As far as Surf Equipment is concerned, it shall have to specify the type and characteristics of the same (size of the boards, size and mute color, etc.) and relative prices, including title of Listing, its description and content, if intended to rent a Venue, Surf Equipment and provide contingent Ancillary Services, if any, specifying the details of the Listing itself.
As far as renting Venues is concerned, it should feature information such as venue, capacity, dimensions, main features, availability and price, as well as related rules and the financial terms for payment of Venues.
As far as Ancillary Services are concerned, ancillary services and relative fees must be mentioned.
Business User is also invited to publish photos. Such photos shall have to portray the Venue and/or the Surf Equipment to be provided. Photographs by third-parties who have not released an authorization and consent to the reproduction of their images on www.surfriend.com shall not be accepted.
SURFRIEND can offer its Business Users the availability of a professional photographer who takes photos of their Venue and Surf Equipment. If a Business User requests a photographer for this purpose, the photographs taken may be placed in the Listing without a trademark or label as indicated by SURFRIEND. All images taken by the SURFRIEND provided photographers constitute SURFRIEND's content, regardless of their actual inclusion in the Listing. The abovementioned service is subject to the availability of SURFRIEND and the photographers recommended by the Company. Shootings may be subject to advance payment as agreed with the interested Business User.
In order to be included among the Listings through the Technological Platform, all Venues must have a valid physical address. Listings shall be publicly available through the Technological Platform.
Consumer Users shall be able to book Venues, Surf Equipment and Ancillary Services through the Technological Platform based on the information provided in the Listings.
Business User acknowledges and accepts that, when a Consumer User requires the booking of a Venue, Surf Equipment and/or Ancillary Services, he/she cannot ask that Consumer User to pay a higher price than the one mentioned in the booking request, except for unforeseeable cases or force majeure which shall make a booking at those prices impossible, without fault of the Business User.
Business User acknowledges and agrees to be responsible for all published Listings. As a result, Business User declares and warrants that Listings that shall be published, booking of a Venue, Surf Equipment or Ancillary Services and their use(s) shall not violate any agreement between the Business User and any third party, such as contracts with associations, with buildings, rent or lease (ii) (a) shall be in compliance with all applicable laws in force where service is implemented (such as local laws and laws on temporary rental of sports equipment, etc.), tax requirements, rules and regulations applicable to any Venue (including obtaining all necessary permissions, licenses, and duties), and (b) shall not be in conflict with third party rights.
Please note that SURFRIEND assumes no liability whatsoever with respect to the compliance of the Listing to any agreement or obligation with respect to any third party, law, regulation or rules in force.
Business User renting Venues and/or Surf Equipment declares to:
1) be the owner, operator or, in any case, have the Venues and Surf Equipment available by force of another title and, in the latter case, have obtained the necessary authorization from the actual owner of the Venue or Surf Equipment to rent it through the Technological Platform.In the event that Business User has the availability of Venue or Surf Equipment for reasons other than ownership, coownership or management, SURFRIEND shall never and in any case be liable for any disputes, claims for return, compensation for damages and in all other actions that may arise between Business User and the actual holder of the Venue or Surf Equipment;
2) have fulfilled the duties of insurance, tax, and obligations related to the proposed venue and advertised in the SURFRIEND platform, in accordance with the applicable laws in force where the Venue is actually located;
3) have fulfilled all duties and obligations with particular reference to those related to the safety of the Venue, its usability and energy efficiency;
4) relieving SURFRIEND from any source of liability, claim for damages, fines, penalties and/or any claims for payment made by third parties, or damage to the Venue, Surf Equipment, things or people throughout the entire use of the Venues and of the Surf Equipment or Ancillary Services leased.
Business User commits to:
a) comply with the provisions of the Booking;
b) not to require any sums to Consumer User at any time, if they have already been paid entirely through PayPal or Stripe, or additional sums other than those agreed at Booking, if the relative Price is directly paid in the Business User's hands. Any costs for issues relating to Venues, Surf Equipment or Ancillary Services, not caused by the Customer's fault or misconduct, shall be the Business User’s sole responsibility;
c) send to SURFRIEND any documentation that proves the real existence and the rights to use the venues, the surf equipment or any title/certificate concerning Ancillary Services, plus any ID documentation eventually required by SURFRIEND and bank account no. eventually required by SURFRIEND or by PayPal or Stripe.
By Booking in accordance with the terms of the Technological Platform, only the Business User and Consumer User finalize a short lease of Venues, Surf Equipment and/or an Ancillary Services supply contract. Business User may also be able to make Consumer User subscribe to additional documentation (such as proof of delivery and return receipt and the like.) where deemed necessary, provided their compatibility with the General Terms and Conditions, which shall in any case prevail.
Each and every civil and criminal liability related to the management of the relationship between Users pursuant to the Booking, and any related obligations, shall be the sole responsibility of such Users. No obligation arises against SURFRIEND regarding the location of the Venues, the characteristics of the Venues themselves, any ancillary services provided by the Host or any aspect related to Booking. Business User and Consumer User release SURFRIEND from any liability whatsoever and any claim to be raised by Users or third parties regarding the management and use of Venues, Surf Equipment or Ancillary Services. Damage to Venues, Surf Equipment or any other matter shall in no way be reimbursed by SURFRIEND, since it is a company offering only a User Connection service through the Technological Platform without in any way verifying their relationships.
Consumer User declares to:
1) release SURFRIEND from any source of liability, claim for damages, fines, penalties and/orany payment claim made by third parties, or any damages to yourself, third parties, venues, to Surf Equipment, to things or people ConsumerUser commits to:
a) take possession of the Venue and/or Surf Equipment and enjoy Ancillary Services in accordance with the norms and normal usage fees and due diligence and for the use determined at Booking or for use which may otherwise be presumed by the circumstances;
b) not use Venues, Surf Equipment or Ancillary Services for illegal goals;
c) Return the Venues and/or the Surf Equipment to the User in the same state in which it/they was/were received, in accordance with the description provided by the Parties, except for the wear resulting from the normal use for the purpose of the Contract. Consumer User is not responsible for the damage or wear due to the Surf Equipment old age.Guest is responsible for:
a) the loss and wear of the thing occurring during the lease of the Venue, even if caused by a fire, flood or other damaging event, unless it is proved that they have occurred because of unforeseeable and unpredictable events not chargeable to him/her;
b) the loss and wear caused by persons who he/she has admitted, even temporarily, to user enjoy the Venues;
Guest has no right to make changes to the Venues and, if authorized by the Host, declares that he/she shall not be entitled to any compensation for any improvements made to the Venue unless otherwise agreed with the Host.
Any costs incurred in connection with any Venues occurred during the Booking Period, not caused by the fault of the Guest, shall be the sole responsibility of the Host. Consumer User shall provide any ID document eventually required by SURFRIEND and bank account no. eventually required by SURFRIEND or by PayPal or Stripe.
Ways to book Venues, Surf Equipment and Ancillary Services
Consumer User interested in booking a Venue, Surf Equipment and/or Ancillary Services, may make a Booking in the manner provided by the Technological Platform.
Once the Booking is made and, in order for it to be valid, Consumer User shall pay the Total Booking Price through Stripe in the manner indicated in the Technological Platform and those provided by Stripe and the Stripe General Terms and Conditions.
However, in some cases, Consumer User shall be able to pay an initial down payment through PayPal/Stripe as indicated in the Listing and the remainder may be paid in cash directly to the Business User. In such case, the Booking can be considered confirmed upon the payment of the said initial deposit.
In order to complete bookings, SURFRIEND shall need to share certain information and personal data provided by Consumer User with Business User and Stripe and/or PayPal. To this end, SURFRIEND names Business Users and Stripe and/or PayPal responsible for the purposes and for the effects of art. 29 of D. Lgs. 196/03 (Privacy Code) as amended, the processing of data that Business Users and Stripe and/or PayPal also occasionally happen to know during the performance of the obligations set forth in these General Terms and Conditions, with particular reference to bookkeeping services and use of the Venues, Surf Equipment, the use of Ancillary Services, and their payment methods.
Business User agrees that payment by a Consumer User through Stripe shall be considered as a payment paid directly to the Business User. Each Business User understands that Stripe obligation to pay Business User is conditioned upon receipt of payment by Consumer Users as Stripe accepts payments made by Consumer Users as a temporary collector agent for payments. SURFRIEND does not guarantee the completion of the Transaction in favor of Business Users, the payment of which has not been properly carried out by its Consumer Users via Stripe. All service fees applied by SURFRIEND are before VAT, calculated according to the applicable laws in force and may be applied to both the Customer User and the Business User according to the percentages specified by SURFRIEND in the Booking form or, as far as the Users Business, separately through specific agreements also written via email.Bookings and financial terms for Consumer
Users Business Users, and not SURFRIEND, are solely responsible for honoring any bookings and making any Venues, Surf Equipment and/or Ancillary Services available through the Technological Platform. If a Consumer User chooses to conclude a transaction with a Business User through the Technological Platform, he/she understands and accepts to be required to close an agreement with Business User and agrees to accept any terms, conditions, rules, and restrictions associated with the Booking, contingently imposed by the Business User. Consumer User acknowledges and accepts that responsibility for fulfilling the obligations of such agreements lies upon him/herself, and not on SURFRIEND; he/she also accepts that SURFRIEND is not part of these agreements and that, subject to the payment obligations under this document, it excludes any liability arising out of or relating to such agreements.
In any case, Business User is obliged to handle and hold harmless of any costs, charges or damages suffered by SURFRIEND or that it is obliged to compensate third parties in connection or in connection with any damage caused to Consumer Users or to third parties as a consequence of an involuntary behavior or a fault attributable to the Business User or to his/her failure to comply with what has been made available through the Bookings.
Consumer User understands and agrees that Stripe, on behalf of the Business User, reserves the right, in its sole discretion, to obtain a pre-authorization through its credit card for the Total Price.
Stripe® shall collect the Total Price in accordance with these General Terms and Conditions and the feathered terms in the applicable Listing.
Please note that SURFRIEND is not able to check any commissions charged to a Consumer User by its own bank relative to SURFRIEND's collection of Total Price, and SURFRIEND excludes any liability for this.
In relation to the Booking Requested, the Customer Consignee shall be asked to provide the usual billing information, such as, for example, name, billing address and credit card details to SURFRIEND or the third party processing the payments. Consumer User agrees to pay SURFRIEND any Booking made in connection with your SURFRIEND Account in accordance with these General Terms and Conditions by means of one of the methods described on the Technological Platform, for example by wire transfer or by credit card after delivery of the Venue, Surf Equipment or the use of Ancillary Services.Stripe® Payment Platform
Payment system adopted by SURFRIEND according to the conditions provided by the Stripe platform assumes the total cost of the User Price. Following payment, the amount of the Total Price shall be deposited on an e-wallet managed by the Stripe platform. The Price of the Venue, the Surf Equipment and any Ancillary Services shall then be transferred to the User's account by Business User only and only after 36 hours have passed from the Check-In or Delivery of the Surf Equipment or from the launch of the Ancillary Services, without any complaints being made by the Customer User.
The Commission shall be transferred to SURFRIEND's account instead.
Customer Users and Consumer Users understand and agree that in some countries Stripe payments are not accepted. In this case, the payment shall be performed only with PayPal or, alternatively, through the payment platform eventually authorized or available in that countries and as authorized by SURFRIEND. SURFRIEND shall apply a commission up to 10% over the value of the booking, plus costs and commission due for the payment platform.Payments Issues.
If the User inserts any payment method that could be wrong (Bank Account Details Using Stripe Connect and/or PayPal account details), Surfriend doesn't assume any responsibility in case the money won't be received by the User and/or sent to another payment account owner.Stripe special terms
Payment processing services for SURFRIEND on www.surfriend.com are provided by Stripe and are subject to the Stripe Connected Account Agreement available at https://stripe.com/it/connect-account/legal, which includes the Stripe Terms of Service (https://stripe.com/it/legal) (collectively, the “Stripe Services Agreement”). By agreeing to this SURFRIEND terms or continuing to operate as a Customer or Consumer User on www.surfriend.com, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of SURFRIEND enabling payment processing services through Stripe, you agree to provide SURFRIEND accurate and complete information about you and your business, and you authorize SURFRIEND to share it and transaction information related to your use of the payment processing services provided by Stripe.
Article 8 – Cancellation and right to withdraw
Cancellations prior to Check-In
Cancellation from Consumer User
Bookings cannot be canceled once payment of the Total Price or the deposit is paid (in case of a balance directly to the Business User). However, SURFRIEND and Business User may provide special cancellation conditions with application of penalties in consideration of the cancellation notice.
Consumer User is aware that the right of withdrawal of consumers for contracts concluded at a distance, as per D. Lgs. 6 September 2005, n. 206 and subsequent amendments (Consumption Code), does not apply to leisure services if the contract provides for a specific date or period of execution as in the case of Bookings. In view of the above, the right of withdrawal in accordance with the Consumption Code shall not be applicable to Bookings. Consumer User has to respect the cancellation policies who the Business User has mentioned in the listing. Surfriend doesn't assume any responsibility and could give, if request, to competent authorities the Identity Details of the User who has to pay the debt.
Business User shall not be able to cancel a Booking (except in case of force majeure), unless being subject to a 100% refund (Surfriend fees are not included) in favor the Customer for what he/she has paid for the Venue, Surf Equipment and/or Ancillary Services, without prejudice to the right of the Surfriend Commission and any compensation to the Consumers User, even in view of the possible damage arising from a spoiled holiday.
The disputed payments, such as chargebacks, involve an additional cost of € 15.00 to the user who requested it. If the customer's bank resolves the dispute in favor of Surfriend, this sum will be refunded.
Article 9 - Complaints
Consumer User shall always have the opportunity, in general respect of the applicable rules and customs of the case, to comment and/or make complaints about the Venues, Surf Equipment and the accessories provided.
Should such complaints be well-founded and have been submitted to SURFRIEND within 12 hours of Check-In (for Venues), or the beginning of the use of Ancillary Services, then SURFRIEND may totally or partially refund the Consumers User the price he/she paid to the Stripe Platform, regarding the Price of Venue and Ancillary Services, except for the right of redress against Business User. No refunds shall be possible once passed 12 hours (for venues) without any complaints have passed. Complaints must be sent via email to: firstname.lastname@example.org
Article 10 – Taxes and Sanctions
Tax laws may require either the collection of specific information from our Business Users or the performance of certain fulfillments. SURFRIEND therefore reserves the right, in its sole discretion, to block all payments due to the Business User up to the resolution of the matter and/or to retain these amounts in accordance with the laws in force.
Each and every civil and criminal liability relating to the management of the relationship between Users for the renting of Venues and Surf Equipment or for the provision of Ancillary Services, and any related obligations, shall be borne exclusively by such Users as far as they are concerned. No obligations arise against SURFRIEND with reference to the lease or use of the Venues, Surf Equipment or Ancillary Services, the features of the same or in any other aspect related to the Booking. User releases SURFRIEND from any liability whatsoever and any claim to be raised by Users or third parties regarding the management and use of Venues, Surf Equipment or Ancillary Services.
Article 11 – Foreign Currency
SURFRIEND on-line Platform is currently set to only accept Euro as the sole currency.
Article 12 – Closing of Account
SURFRIEND reserves the right to close the SURFRIEND account for any reason or for breach of these General Terms and Conditions by User.
User may at any time close the SURFRIEND Account, subject to the obligation to comply with the commitments regarding the completed Bookings before the SURFRIEND Account being closed.
Article 13 – User’s Further Commitments
User is expressly forbidden to use or allow third parties to use the SURFRIEND account:
i) to violate the provisions of this Agreement and/or the laws and regulations in force and/or measures of the competent authorities or to cause harassment to third parties (including, without limitation, the carrying out of spamming activities);
(ii) to operate in a manner that is against with the normal customs of any network or Internet standards, including the rules of Netiquette adopted by the national or international registration authorities;
(iii) to publish or provide pornographic, pedophile material of an erotic, obscene nature not suitable for persons under the age of 18 or expressions that promote fanaticism, racism and violence.
User warrants - also for its employees, to whom he/she may provide SURFRIEND account access information - that ID and password provided by SURFRIEND to the User, shall be kept confidential and kept by the User in accordance with the applicable laws and the best security standards developed by the practice in this matter and how much they agreed. It is understood that SURFRIEND shall not be liable for any damages suffered by the User or third parties as a result of the misuse of the login information.
SURFRIEND reserves the right to remove or edit, without prior notice, any User data or information, as well as any other content regarding the SURFRIEND Account which constitutes or may constitute a breach of law, statutory law or third party rights or obligations of the User. In such case, SURFRIEND shall still have to inform the User of such removal or editing.
User acknowledges and accepts that SURFRIEND account data and information - including personal data of Consumer Users - may be stored by SURFRIEND for security reasons related to data and/or to comply with the Contract and/or obligations of law and/or obligations provided by competent public authorities.
The Host undertakes to do not contact the Guests directly except through the Technology Platform or where otherwise provided on these General Conditions. In particular, the Host undertakes to do not to include on the Technological Platform: contacts, phone numbers, email addresses, websites, social network accounts, logos, etc. that may connect (directly or indirectly) to the Guest with the Host of with the activities of the Hosts relating to the subject of these General Conditions. If, under its unquestionable judgment, SURFRIEND is considering that the Host and/or the Guest is bypassing the Technological Platform in order to contact the Host or the Guest or in order to be contacted directly from him, to do not to pay Commissions or any other fee due to SURFRIEND, not respecting these General Conditions, SURFRIEND reserve the right to close the Surfriend Account (both in the name of the Guest and the Host) at any time in consideration of this behavior in bad faith.
Article 14 – Limitations and exclusions of Responsibility
User acknowledges that SURFRIEND does not engage in any activity as a commercial broker or real estate agent, nor does it control or monitor and assumes no responsibility for the activities carried out by Business Users in favor of Consumer Users or on the basis of the Booking.
SURFRIEND shall not be liable to Business Users, Consumer Users or any other third parties in the event of delays, malfunctions and/or interruptions of the Technological Platform's activities caused by:
a) force majeure or unforeseeable circumstances;
b) interruption of energy supply.
In any case, the User exempts SURFRIEND from any liability in the event that the User does not deliver the expected result through the use of the Technological Platform.
The user is aware that SURFRIEND has no customer service and therefore releases it from any related liability.
Article 15 – Business User’s trademarks, domain names, distinguishing marks.
Business User grants SURFRIEND the right to use trademarks, badges and any domain names related to the Business User's Internet sites for the sole purpose of executing the Contract, and for the creation and management of the SURFRIEND Account and the Bookings.
Business User warrants to have legitimately, exclusively use of the marks, trademarks, and Internet domains published in the SURFRIEND Account.
Article 16 - SURFRIEND’s Royalties
SURFRIEND is the creator and author, according to Law 633/1941 as emended, of the Technological Platform and the “SURFRIEND” trademark and logo, being it registered, not registered or patent pending anywhere in the world.
SURFRIEND reserves all the related rights, even the economic exploitation rights. Website www.surfriend.com , its applications for mobile device under the “SURFRIEND” name are property of SURFRIEND, as well as the related operating platform, its software and computer architecture, all databases related to all users, codes, methods, algorithms, representational instructions for technical, creative or organizational improvements, updates, releases and any application and functionality associated with the aforementioned web site and applications, result or discovery, are used or developed by SURFRIEND - or by third parties specifically authorized - for the coordination and interaction of such website and applications for mobile devices or for realization, activation, on-line management of the SURFRIEND account and/or the provision of services to users. Particularly, SURFRIEND recognizes the full ownership of software, know-how, applicative and operational software, codes, adaptations, modifications and customizations of markings, instructions and documents in any form, express, installed or to be installed, including those related and/or developed in connection with the aforementioned web site and mobile application and related business models.
Trademarks, domain names, and distinctive signs of the name "SURFRIEND" are the sole property of SURFRIEND and cannot be used by the Business User without SURFRIEND prior written consent.
Article 17 – No Disclosure Agreement
For the entire duration of the Contract, User commits to keep things secret, not disclose, either directly or indirectly, to third parties, without the prior written consent of SURFRIEND. That includes, and is not limited to, any information, news or data, including those relating to Consumer Users or Users Businesses and those of a technical, commercial or industrial nature, patents, know-how, related to SURFRIEND's business activities, which has become known to him/her in connection with the closing and implementation of the Contract and which are not already of public domain.
Article 18 – Applicable Law and Place of Jurisdiction
This deed (Contract) is governed by the Italian Law.
If any dispute between User and SURFRIEND should arise in relation to this deed, the court of Cagliari shall be chosen as the sole place of jurisdiction in accordance with the laws in force.
Article 19 - Various
Changes to this contract. General Terms and Conditions may be unilaterally modified by SURFRIEND, which shall have to make a prompt notice via publication on the website www.surfriend.com and any communication to the User via e-mail.
Contract release from SURFRIEND. SURFRIEND may release this deed and its relative credits to third parties, notifying the User.
Prohibition of Contract Release from User. User shall not be allowed to release this contract to third parties without SURFRIEND’s previous written consent.