BOOKING TERMS AND CONDITIONS
ETAMA provides surf, surf trip and tour in destinations all over Bali and Lombok to individuals and groups. These Terms and Conditions govern the contractual relationship between Etama and the Traveler when booking at www.etamasurf.com, participating in an activity or buying any related products or services. Since these Terms and Conditions constitute an agreement between you and Etama, 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 Etama, different terms may apply to these Activities.

Etama offer products to clients all around Bali. Our terms and conditions are written in English. If you have any problem understanding the content in this document, please contact us by phone: 00 62 857 1600 1583 or e-mail: info@etamasurf.com
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DEFINITION
1.1 The following terms and definitions have the meanings in these Terms as stated in these terms:
“Surfing”
Surfing provided at the destination. These activities can be provided by Etama.
"Agreement"
These Terms, the Order Confirmation and other brochures, catalogs and printed materials provided by Etama.
”Confirm Order”
A Surf booking confirmation is sent to the Traveler if the booking is accepted.
”Website”
Etama Surf website www.etamasurf.com
”Tour Package”
Etama provides Tour Packages to Travelers. This can be a surfing tour package or a tour package touring the best places in Bali and Lombok. Tour Package refers to an arrangement that has been designed before an agreement is reached and which consists of: transport, food and drink or any of these services combined with any tourist service which is a non-essential part of the arrangement and which is not directly related to the transport or accommodation.
"Condition"
These Terms and Conditions (this document).
"Traveler"
Individuals or groups who purchase Etama services and products (you).

2. THE BOOKING
2.1 By booking you acknowledge that you have read, understand and agree to be bound by these Terms.
2.2 When a booking has been submitted to Etama, Etama 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.
2.3 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 Etama if any changes or cancellations are required and keeping your party informed.
2.4 Anyone under the age of 18 on the date of first travel is considered to be a minor. All bookings made by a minor traveling without a parent or guardian require the written consent of a parent, guardian or any other person who is required by applicable law for any minor to travel.
2.5 A minor participating in the Package surf or tour must bring the original written consent in signed form and deliver it to the manager upon arrival. Etama has the right to reject a Traveler if he or she is without the necessary documents.
2.6 Anyone booking a booking under a 3rd party group organiser such as a university, school, company etc might have additional terms specified separately in the organisers contract and it is the organisers responsibility to inform the travelling party of these terms if they affect the traveller in any way or form.
2.7 Group guest list information will be shared with the group organiser, hereunder booking number, payment status and contact information.
2.8 Before invoicing a group organiser where group organiser take full responsibility for the total payment of the group, privacy statement as well as terms and conditions will be shared with the group organiser for pre-approval.
2.9 Any participant will by confirming a booking also confirm and accept our terms and conditions, data protection policy and package travel agreement visible in the last booking step of the order.
2.10 Group organiser takes on the responsibility of accepting these terms on behalf of their travel group.

3. OBLIGATIONS OF THE TRAVELER
3.1 The Traveler is responsible for having a complete and valid passport and other documents necessary for if we need it, if circumstances so require, visa and required vaccinations.
3.2 Travelers are individually obliged to acquire travel insurance that covers medical treatment. The Activities that are offered through Etama 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 Etama any affiliate or subcontractors to Etama 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. The Traveler shall, when booking, inform Etama of their nationality, including information about possession of Norwegian or foreign passports, and possibly dual citizenship, in order for Etama to fulfill its obligation to inform about any passport and visa requirements.
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 Etama of any changes to the Travelers contact information, such as address, e-mail address, telephone number, errors in spelling or other information relevant to Etama'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. Etama's reserves the right to withdraw any booking, service or Activity made and/or to decline or refuse any individual as a member, if it appears, at Etama's discretion, that such individual is likely to endanger the health or safety, or impair the comfort and enjoyment of the other members.

4. PRICE AND PAYMENT
4.1 Information in brochures and catalogues (both analogue or digital) is included in the Agreement. The information is binding if we do not explicitly reserve the right to make changes in the catalog or brochure and the Traveler has received information about such changes prior to the conclusion of the Agreement.
4.2 The price must be stated in such a way that the total price is clearly stated. The price should include all services included in the Agreement as well as mandatory taxes, charges and fees national and/or foreign authorities may charge for the services provided.
4.3 Payment for web clients can be made against credit/debit cards has to be paid in full. Etama will send out reminder for this one week or a day to the travellers given email. The traveller has at all times access to their invoice / payment status and payment method via their guest log in given at time of booking.
4.4 Group bookings has the same obligations as in point 4.3, will also have the option to pay against invoice. 
4.5 Please note that if the booking is purchased full payment is due at the time of booking. A credit/debit card payment will be the mandatory way of paying the full price.
4.6 Special arrangements are included in the Agreement only if these are sold or marketed together with the main arrangement for a common price or for separate prices linked to each other.
4.7 At the Traveler's request, additional special services are included in the Agreement only if expressly confirmed by us. Such confirmation must be made in writing. Costs or discounts linked to the additional services or specifications shall be clearly stated in the price schedule.
4.8 Be aware that the booking is an obligatory agreement of purchase, and that you are obliged to pay unless you commence a written cancellation in accordance of the terms within section.
4.9 If the terms of payment listed above are withheld, Etama have the right to regard the booking as annulled, and can prospectively sell the booking to someone else.

5. OPEN PURCHASE POLICY
5.1 Etama offers full refund policy (in emergency situations, such as illness, death, etc.). You will get the full amount refunded if you wish to use this open purchase policy. The policy is only valid by sending us a written cancellation with the order number included within the time limit stated above.
5.2 Send a written refund request to info@etamasurf.com and we will refund you the purchase within 14 working days from the cancellation date.

6. TRANSFER OF PACKAGE ( Surf, Surf Trip or Tour )
6.1 The Traveler has the right to transfer the Package to another person, if this person complies with these Terms and the Agreement and fulfils the conditions of participation in the Package, for a fee of 25€. The prerequisite is that Etama is notified within a reasonable time before departure. The right to transfer the Package may be limited, in whole or in part, by us if a transfer is not possible due to conditions imposed by subcontractors. Restrictions on the right to transfer a Package shall always be clearly stated in the Agreement.
6.2 The Traveler and the person to whom the Package is transferred are jointly and severally liable for the amount remaining to be paid for the Package and for all additional costs resulting from the transfer. In addition, we are entitled to reasonable compensation for the extra work and additional costs we incur as a result of the transfer.

7. CHANGES REQUESTED BY THE TRAVELER BEFORE DEPARTURE
7.1 For changes made after the Agreement has become binding upon the parties, Etama has, in addition to the reimbursement for the actual costs resulting from the changes, the right to charge an administrative fee. The Traveler's changes in this section 8.1 refers to changes made to the date of the Package, the destination or the Travelers participating in the Package etc.
7.2 Change of dates cannot be made less than 7 days prior to the arrival date. The downgrade has to be requested at least 7 days from booking date. Adding services can be made up until 3 days prior to arrival.
7.3 Etama will do their best to change the date of a booking if this is a request from the Traveler. However, be aware that this has to be done at the latest 30 days prior of the departure, as well as that such change is dependent of the availability on the desired dates. Change of date will entail an administration fee of 25€ per person in the booking.
7.4 Change of date will potentially result in added costs according to price adjustments alongside seasonal circumstances at the destination. Etama is required to inform the Traveler of a prospective rise of Package costs by requests from Travelers to change the dates of a Package.
7.5 The person responsible for the booking and payment, can request to change the name of the traveller in their booking, but only if the package already has been paid in full. Etama accepts name change, but will not accept responsibility for payment from the person taking over the booking. This is considered an interaction between the original traveller and the new traveller.

8. CHANGES/CANCELLATIONS MADE BY ETAMA SURF BEFORE DEPARTURE
8.1 Etama may change the terms of the Agreement after the Agreement has been concluded. If the Package has to be cancelled or if it cannot be carried out as agreed, the Traveler will be informed as soon as possible.
8.2 If the change results in a reduction of the value of the Package, the Traveler is entitled to a price reduction. However, this does not apply to any changes or deviations that may be considered to be of minor importance to the Traveler.
8.3 If we can not fulfill what we have committed to under the Agreement and this constitutes a significant breach of contract for the Traveler, the Traveler may: cancel the Agreement and recover all the amount paid by the Traveler who made the booking under the Agreement; or participate in another Package, if we can offer this.
8.4 In so far as the Traveler wishes to terminate the Agreement for the reasons stated in this section 9, Etama shall be informed within a reasonable period of time. If this is not done, you will lose the right to terminate the Agreement.
8.5 If the replacement Package is less than the original Package, we will refund the price difference to the Traveler.

9. CHANGES MADE BY ETAMA AFTER DEPARTURE
9.1 Due to later events, we may not be able to provide parts of the agreed services after departure. For certain Package, it may for example be difficult to predict the precise outcome because of their special nature. Changed natural conditions, road change, political events, etc. may cause us to make changes to the travel plan. In such cases, if possible, we will offer the Traveler compensational Package. If the change causes a degradation for the Traveler, this may be entitled to damages and / or deductions.
9.2 If Etama finds it necessary, an already started Package can be cancelled or changed. By such cancellations, the Traveler has the right to demand the refund of an amount equivalent to the amount of days the Traveler has not made use of. When changing the Package, the Traveler will be informed of what refund regulations that will abide at the specific destination, and the possibility to make the choice whether they want to cancel the Package, or accept the changes that will be made.
9.3 If changes to the agreed services under 9.1 or 9.2 are due to circumstances beyond our control which we could not reasonably have expected to count on when the Agreement was concluded and whose consequences we could not reasonably have avoided or overcome, the Traveler is not entitled to damages. If changes are due to subcontractors we have hired, we are free of liability only if it is due to a circumstance beyond the subcontractor's control.

10. THE TRAVELER'S RIGHT TO CANCEL THE PACKAGE TOUR
10.1 The Traveler's cancellation of the Package must be done in writing, either by mail or e-mail to the addresses listed in these Terms. Send us a written cancellation with the number of your Booking Confirmation and your account number included, and we will refund the amount within 14 working days from the cancellation date.
10.2 The date of which Etama receive the cancellation will be crucial for the amount of the refund / the Traveler's payment responsibilities. Cancellation in days before departure: Percentage of total refund:
10.3 Cancellation terms without insurance
10.3.1 From 30 days or more to arrival; 75% (you will be charged 25 % of the total amount)
10.3.2 20 days or less to arrival: 50% (you will be charged 50 % of the total amount)
10.3.3 Under 10 days or less to arrival: 0% (you will be charged 100 % of the total amount)
10.3.4 There will be no refund if the Traveler chooses to cancel a Package Tour after it has commenced.

11. ETAMA'S RIGHT TO CANCEL THE PACKAGE TOUR
11.1 In accordance with paragraph 8 in this agreement, Etama has the right to cancel the booking and retain the deposit if payment has not been made in full within 30 or less days of before arrival. It's important to place payment by credit/debit card in order to assure that payment is registered in Etama system.
11.2 A delay of 1 week when paying via bank transfer is considered normal procedure and therefore a payment a week prior to due date is necessary when paying with bank transfer.

12. FORCE MAJEURE
12.1 Etama, 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 Etama waive the Agreement under this provision, the Traveler is entitled to a refund of what he / she has paid under the Agreement. If Etama waive the Agreement under this provision, the Traveler is not entitled to damages or any other penalties.
12.2 The assessment of whether an event is considered to be such an event as specified in 12.1 shall be made taking into account official statements from Indonesia 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.
12.3 The Traveler is not entitled to withdraw from the Agreement in accordance with clause 12.1 if, at the conclusion of the Agreement, he / she knew that such an incident occurred as referred to in this section 12 or if the event was generally known.
12.4 The cancellation by force majeure is not valid if the camp at the destination 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. Etama 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.

13. CANCELLATION & TRAVEL INSURANCE
13.1 Please note that Etama has not a registered travel guarantee through any Indonesia company insurance or other countries.
13.2 When paying by bank or credit card, special terms apply to the bank / card supplier.

14. REFUNDS, COMPLAINTS, CLAIMS AND ERROR CORRECTION
14.1 In the event of a defect in the agreed services, the Traveler shall immediately, after having noticed or should have noticed the defect, give Etama which the fault relates a complaint, so that we 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 Travellers right to complain has been lost.
14.2 The Traveler shall, as far as possible, ensure that the complaint is documented in writing by us at the destination. The Traveler may not invoke a defect if a complaint has not been made in accordance with the section 13.1 above.
14.3 Claims for damages or deductions shall be made to Etama immediately after the end of Package and within 3 days of check out date to claims@etamasurf.com
14.4 If a claim is made due to defects in the Package later than one week 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.
14.5 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.
14.6 The Traveler should always limit his / her injury to the furthest extent possible.

15. PARTICIPATION IN ACTIVITIES
15.1 Please note that sometimes Etama only acts as an intermediary and does not organize or perform the Activity at the destination. Activities may be organized and performed by an affiliate or subcontractor to Etama.
15.2 If the Activity is not organized by Etama, Etama is not responsible for the performance of the Activity. Different terms, regulations or laws may apply to an Activity not performed by Etama and the relationship between the Traveler and the party responsible for the Activity.
15.3 If the Activity is not performed by Etama, the Traveler shall be informed who the responsible party is. If the Traveler has questions, requests or complaints regarding the performance of the Activity the party responsible for the Activity should be contacted directly.
15.4 Travelers participate in all Activities on 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.
15.5 Etama does not provide medical advice. It is the Travelers responsibility to assess the risks and requirements of each aspect of the Package and Activity based on their unique circumstances, limitations, fitness level and medical requirements.
15.6 In order to participate in an Activity, you must upon request provide any medical information reasonably requested by Etama and may be required to complete Etama’s medical information form available at the time of booking or at the destination of the Package.
15.7 Medical forms are mandatory for certain Package.
15.8 Etama 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 Etama determines that the Traveler’s physical or mental condition renders the Traveler unfit for travel or represent a danger to he or herself or others.
15.9 Please note that affiliates and subcontractors organizing Activities also may require the Traveler to complete a medical information form before participating in the Activity.
15.10 Etama are not responsible for wind, wave and weather conditions during your Package, and will have the right to cancel surf lessons, guided tours, if wind, surf and weather conditions make it impossible or unsafe to run lessons as planned. Instructors and guides working for Etama will have the full right to take 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. Etama will have the full right to take decisions about whether the conditions are appropriate or not for lessons, gear and rentals. Travelers cannot claim a refund because of wave or any other weather conditions hindering Etama in giving safe activity lessons.

16. LIMITATION OF LIABILITY
16.1 Without limiting any other provision of these Terms, to the fullest extent permitted by law, Etama 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 Etama 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:
16.1.1 actions or omissions of third parties (including any applicable third party service providers);
16.1.2 a force majeure events;
16.1.3 a failure by the Traveler to comply with any of his or her obligations hereunder;
16.1.4 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.);
16.1.5 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.
16.2 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.

17. AMENDMENTS
17.1 Etama 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 10 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 Etama. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Website.

18. SEVERABILITY
18.1 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.

19. ETAMA'S CODE OF CONDUCT
Our aim at Etama is to provide good times for our guests but to everyone working for us. Any breach of these codes done by staff members or guests can be reported to claims@etamasurf.com

1. Respect in the surf place ● Respect other guests and staff, including local staff ● The camp language at Etama is English to ensure that everyone feels included.

2. Safe environment free of discrimination and harassment ● Etama is committed to providing a safe environment for all its guests and employees, free from discrimination on any ground and any form of harassment ● Etama will operate a zero tolerance policy for any form of harassment, treat all incidents seriously and promptly investigate all allegations of harassment. Any person found to have harassed another will face disciplinary action, up to and including dismissal from. All complaints of harassment will be taken seriously and treated with respect and in confidence. No one will be victimised for making such a complaint.

3. Drugs and alcohol ● Substance abuse is prohibited. Consumption of alcohol is not banned, but use good judgement and never drink in a way that leads to impaired performance or inappropriate behaviour, endangers the safety of others or violates the law. ● Illegal drugs are strictly prohibited at any time.

4. Protection of Property ● All guests and staff should treat our property and equipment with respect and care.

5. Communication ● Communication between guests/staff should always be in a respectful manner, regardless of gender, origin, position and sexual orientation.

6. Internet usage: ● It is prohibited to use our internet connection to: ● Download or upload obscene, offensive or illegal material. ● Send confidential information to unauthorized recipients. ● Invade another person's privacy and gain access to sensitive information. ● Download or upload pirated movies, music, material or software. ● Visit potentially dangerous websites that can compromise our network and computers safety. ● Perform unauthorized or illegal actions, like hacking, fraud or buying/selling illegal goods.

20. CONTACT INFORMATION
20.1 If you have any questions regarding these Terms, your Booking Confirmation, changes to the Package, refunds, general questions or other, please send us a message to info@etamasurf.com. You can also reach us by calling (What'sApp) 00 857 1600 1583.

21. GOVERNING LAW AND DISPUTE RESOLUTION
21.1 This Agreement shall be construed in accordance with, and governed by the laws of Indonesia.
21.2 All disputes in relation to this Agreement shall be settled by public courts in Indonesia.