TERMS OF SERVICE
Update to the Terms of service
We regularly update our terms of service below (hereinafter referred to as the “Terms”).
Terms of Service
Please read these Terms of service carefully as they contain important information about your legal rights, obligations and remedies. By accessing or using the SimplySurfers platform, you agree to be bound by and comply with these Terms of service.
Last updated: April 18, 2019
Translated from French
Thank you for using SimplySurfers
The terms "SimplySurfers", "us", "our" or "ours" used in these Terms and Conditions refer to the company Comonity France SAS with which you enter into a contract. Also, your procuring entity is Comonity France S.A.S., headquartered at 55 avenue Marceau 75116 Paris, France, registered in the Paris Trade and Companies Register under number 819.398.769 (hereinafter the “Company”).
All the payment services connected to your use of the Platform SimplySurfers are supplied to you by one or several entities of our financial partners PayPal and Stripe.
It is exclusively up to the Sellers referenced on our Site and Applications to identify, to understand and to conform to all the laws, the rules and the regulations applicable to their Listings and Services proposed by the Seller. For example, several countries adopted laws which forbid the sale of services of supervision of surfing Courses , guided excursions that to the only surfers qualified by diploma, title with professional purpose or other official certification (below called individually an "Instructor of Surfing, Monitor of Surfing, or Surf Instructor, or Surfing Instructor, or Surf Monitor, or Surfing Monitor, or Surf Guide, or Surfing Guide" and collectively the "Instructors, or Monitors, of Surfing”). In numerous countries, the Instructors of Surfing can have to declare themselves, to obtain a license or a degree or certification before supplying certain Services proposed by the Seller, such as to give Courses of surfing, supervise an excursion of surfing as guide or to use a vehicle (car, boat). It is exclusively up to the Sellers to identify and to obtain diplomas, titles and certifications with professional purposes, other official certifications, licenses, degrees, diplomas, certifications or necessary records for the Services proposed by the Seller whom they propose. Certain types of Services proposed by the Sellers are totally forbidden. The penalties can include fines or other coercive measures. In our Seller Application that verifies Sellers, you will find information which will help you to identify certain obligations which fall on to you. If you have questions on the way the local laws apply to your Listings and Services proposed by the Seller on SimplySurfers, you always have to turn to legal advice.
SimplySurfers is a marketplace (so collectively called "Platform" or "Marketplace") regrouping Sellers (so collectively called "Partners") proposing their catalog of services in the sale on the Site by publishing Listings on this one. The names of the Sellers are indicated in every profile card of Listing presented on the Site.
As such SimplySurfers lists on its Site the Listings of the Sellers. The marketplace is the meeting place of the Buyers (so collectively called "Customers" or "Users") and Sellers.
SimplySurfers has for objective to facilitate the trade between the Sellers of services and the Buyers of these services. SimplySurfers puts in relation the Sellers and the Buyers. During the purchase of a service by a buyer he/she forms a contract between the Seller and the Buyer. As such, SimplySurfers declines any responsibility concerning this sale contract.
Only the Seller is responsible for the sale of its services and for the obligations which result from it, as well as possible problems or conflicts which could arise as a consequence with the Buyer.
It is up to the Buyers to keep in mind that the offers published in the form of Listings of the Sellers are only listed on our Site and are only published under the only and full responsibility of the Sellers.
The services proposed in Listings are it within the limits of the availability and the human resources indicated by the Sellers.
The Buyer who would like to buy on the Site, declares to have the full legal capacity allowing him/her to make a commitment in conformance with the present Conditions.
Any reservation of a service proposed on SimplySurfers supposes the consultation and the unconditional acceptance of the present Conditions, without however that this acceptance is conditioned by a handwritten signature on behalf of the Buyer. According to legal requirements, it is reminded that the validation of the transaction of purchase, further to the good payment by the Buyer, establishes an electronic signature which has, between the parts(parties) Buyer and Seller, the same value as a handwritten signature and is worth proof of the entire command(order) of services(performances) and the payability of the sums owed pursuant to the aforementioned purchasing order of services.
The purpose of these Terms is, on the one hand, to inform any Buyer of the terms and conditions under which a Seller proceeds with the sale of services and, define the rights and obligations of the Buyer and Seller in connection with the sale of services by the Seller to the Buyer.
They apply, without restriction or reservation, to all sales of services offered in the Advertisements published by the Sellers on the Site.
Consequently, the fact that any person buys a service offered for sale on the Site implies full acceptance of these Terms and Conditions, which the Buyer acknowledges having read prior to its purchase.
SimplySurfers cannot guarantee that the Seller’s performance or services will satisfy the Buyer.
SimplySurfers reserves the right to modify these Terms at any time. In this case, the applicable conditions will be those in force on the date of purchase of the service by the Buyer.
2 Site Security
The SimplySurfers website, all of its domains and sub-domains, is subject to a secure encryption system SSL (Secure Sockets Layer) of data related to transactions.
3.2 Members in possession of the data of another Member obtained through the use of the services, agree that, they will be required to: (a) comply with all laws on the protection of personal data, (b) to accept that the Member owning the personal data removes the right of the User Member (receiver of personal data) to collect and use the personal data of the User Member upon simple request.
4 Scope of SimplySurfers Services
4.1 The Platform SimplySurfers is an online marketplace (so collectively called "platform" or "marketplace") which allows the recorded users (the "Members") and in certain thirds which propose services (the Members and the third which propose services are "Sellers" And the services which they propose are "Services of Seller") to publish these Services of Seller on the Platform SimplySurfers ("Listings" or “Listings”) and to communicate and to deal directly with Members who wish to book these Services of Seller (the Members who use Services of Seller are "Buyers"). The Services of Seller can understand Courses of surfing or sessions of coaching, collectives or private individuals ("Courses” or “Classes” or “Lessons”), activities of excursions of surfing guided (the “Guided Excursions" or “Excursions”), a combination of services of Courses and Guides including a service of accommodation ("Packages"), of the rent of material of Surfing as surfboards, bodyboard, Stand-up Paddle (the "Rental of Boards") as well as other varied services, in link or not with the nautical activity of Surfing.
4.2 As supplier of the Platform SimplySurfers, SimplySurfers neither is not an owner and neither creates nor sells, resells, supplies, checks, manages or proposes any Listings or Services proposed by the Seller. SimplySurfers is not either an organizer or a retailer of package tours in the sense of the Directive (EU) 2015/2302. The Sellers are solely responsible for their Listings and Services proposed by the Seller. When Members make or accept a reservation, they conclude a contract between them directly. SimplySurfers is not and does not become left in any contract concluded between Members, is not involved in the contractual relation between Members and is not neither a travel agent, nor school of Surfing, nor surfing camp, nor club of Surfing, nor insurer. SimplySurfers does not act as representative of any Member.
4.3 If SimplySurfers can facilitate the resolution of the disputes, SimplySurfers neither checks nor guarantees (i) existence, quality, safety, adequacy or legality of Listings or Service of Seller, (ii) the truthfulness or the accuracy of the descriptions of Listings, the Notations, Comments or other Contents of Members (such as defined below), or (iii) the services or the behavior of any Member or third. SimplySurfers approves no Member, Listing or Service of Seller. All the references to an "approved" Member (Or any similar term) mean only that the Member was the object of an approval procedure or an appropriate identification, and nothing else. Such a description does not establish either an approval, or a certification, or a guarantee on behalf of SimplySurfers about a Member, including about its identity, about its histories, about its reliability or about its seriousness. You should always be careful when you decide to participate in a Surf activity supervised by a Vendor, Course, Guided Excursion, Package, or Board Rental, or to use other Vendor Services, accept a reservation request from a Buyer, or to have any other exchange or interaction with any other Member, online or in person. The images illustrating the Listings are intended solely to give a photographic representation of an Listing on the date on which the photograph was taken, and therefore do not constitute an approval by SimplySurfers of any Seller or any Advertisement.
4.4 If you choose to use the SimplySurfers Platform as Seller, your quality with respect to SimplySurfers is limited to that of an independent third party contractor, not an employee, agent, a member of a joint venture or a partner of SimplySurfers for any reason whatsoever, you act exclusively for your own account and for your sole profit, and not for the account or for the benefit of SimplySurfers. SimplySurfers does not direct or control you, and shall not be considered as directing or controlling you, either generally or in accordance with these Terms, including in connection with the provision of Vendor Services. You acknowledge and agree that you have full discretion to advertise your Services offered by the Vendor or otherwise to engage in other commercial activities or other.
4.5 To promote the Platform SimplySurfers and increase the visibility of Listings with potential Buyers, Listings and other forms of contents of Members can be published on other web sites, in applications and e-mails, as well as in online and offline advertisements. To help the Members who speak another language, Listings and other forms of contents of Members can be translated, completely or partially, into other languages. SimplySurfers cannot guarantee the accuracy or the quality of these translations and it is up to the Members to verify the accuracy of these translations. The Platform SimplySurfers can contain translations proposed by Google. Google declines any express or tacit responsibility as for the contents of the translations, including the accuracy, the reliability and any tacit guarantee bound to the commerciabilité, the adaptation for a particular usage and of non-forgery.
4.6 The Platform SimplySurfers can contain links towards web sites or resources third (the "Third Party Services"). These Third Party Services can be subjected to conditions of service and to practices regarding personal data protection different. SimplySurfers could not be held responsible for the availability or for the accuracy of these Third Party Services, or the contents, products or available services with these Third Party Services. The links towards these Third Party Services would not know how to be interpreted as an approval by SimplySurfers of these Third Party Services.
4.7 Because of the nature of Internet, SimplySurfers cannot guarantee the continuous and continuous availability and the accessibility of the Platform SimplySurfers. SimplySurfers can limit the availability of the Platform SimplySurfers or certain zones or the features of the Platform SimplySurfers if it is necessary because of limited capacities, to protect the safety or the integrity of the waiters, or to make operations of maintenance to assure the smooth running or improve the functioning of the Platform SimplySurfers. SimplySurfers can improve or modify the Platform SimplySurfers and add new Services SimplySurfers at any time.
5 Eligibility, Using the SimplySurfers Platform, Member Verification
5.1 You must be at least 18 years old and have the ability to contract to access the SimplySurfers Platform, use it or create a SimplySurfers account. By accessing or using the SimplySurfers Platform, you certify that you are at least 18 years old and have the ability and power to contract.
5.2 SimplySurfers may subject access to and use of the SimplySurfers Platform or certain areas or features of the SimplySurfers Platform, to certain conditions or requirements, such as submission to a Seller approval procedure, the fulfilment of certain criteria of quality and eligibility, the attainment of certain thresholds of ratings or comments, or a history of reservations and cancellations of a Member.
5.3 Verification of users on the Internet is difficult, and we accept no responsibility for the confirmation of the identity of any Member. Notwithstanding the foregoing, in the interests of transparency and for the purposes of fraud prevention, subject to applicable laws, we may, without obligation, (i) ask Members to provide us with official identification or other information, or to undergo other checks to verify the identity, qualifications, compliance with regulations, and background of Members, (ii) consult third-party databases or other sources of information to verify membership, and request reports from service providers.
6 Modification of these Terms
SimplySurfers reserves the right to modify these Terms at any time in accordance with this article. If we modify these Terms, we will publish the modified Terms on the SimplySurfers Platform by changing the "last update" date at the top of the Terms. We will also inform you of the changes by e-mail before the effective date. If you disagree with the amended Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the effective date of the Modified Terms and you continue to access or use the SimplySurfers Platform, you will be deemed to have accepted the Modified Terms.
7 Account Registration
7.1 You have to create an account (the "Account SimplySurfers" or “SimplySurfers Account”) to be able to reach certain features of the Platform SimplySurfers and use them, such as to publish an Listing or to make a reservation. If you create an Account SimplySurfers for a company or other legal entity, you certify to have the power to engage legally this legal entity.
7.2 You can create an Account SimplySurfers by choosing an e-mail address and a password, either by using your account with certain services of third social networks, as Facebook or Google.
7.3 You have to seize exact information, up to date and complete during the procedure of recording and to keep up to date the information of your Account SimplySurfers as well as those appearing on the public page of your profile on your Account SimplySurfers.
7.4 It is forbidden to you to create several Accounts SimplySurfers unless SimplySurfers authorizes you there. It is forbidden to you to give up or to transfer of any way your Account SimplySurfers to another part.
7.5 It is up to you to protect the confidentiality and the safety of your identifiers of Account SimplySurfers, and it is forbidden to you to reveal your identifiers in any third. If you think or if you have reasons for believing that your identifiers were lost, stolen, diverted or compromised of any way, or in case of known unauthorized use or presumed your Account SimplySurfers, you have to inform about it immediately SimplySurfers. You are responsible for all the activities led with your Account SimplySurfers, unless you did not authorize these activities and unless you did not show a carelessness besides (for example, by not indicating the unauthorized use or the loss of your identifiers).
8.1 SimplySurfers can allow the Members, in his/her entire discretion, of (i) to create, to load, to publish, to send, to receive or to store some contents, such as of the text, the photos, the audio or video contents, or the other documents and the information on or via the Platform SimplySurfers (the "Contents of the Members"), and (ii) to reach and consult the Contents of the Members and any contents made available by SimplySurfers on or via the Platform SimplySurfers, including the contents owner of SimplySurfers and any contents under license or that a third authorized SimplySurfers to use (the "Contents of SimplySurfers", and together with the Contents of the Members, the "collective Contents").
8.2 The Platform SimplySurfers, the Contents of SimplySurfers and the Contents of the Members can be completely or partially copyrighted, the right of the marks and\or the other French, European laws and the other countries. You recognize and agree that the Platform SimplySurfers and the Contents of SimplySurfers, including all the associated intellectual property rights, are the exclusive property of SimplySurfers and\or his licensers of licenses or third having granted him an authorization. You refrain to remove, to alter or to mask any mention of copyright, trademark, mark of service or other mentions of property rights integrated in, or accompanying the Platform SimplySurfers, the Contents of SimplySurfers or the Contents of the Members. All the trademarks, the marks of service, logos, commercial naming and other distinguishing features of SimplySurfers used on or in connection with the Platform SimplySurfers and the Contents of SimplySurfers are trademarks or registered trademarks of SimplySurfers in France and in other countries. Trademarks, marks of service, logos, commercial naming and other names owners of thirds used on or in connection with the Platform SimplySurfers, the Contents of SimplySurfers and\or the collective Contents are used in only purposes of identification and can be the property of their respective owners.
8.3 It is forbidden to you to use, to reproduce, to adapt, to modify, to create derived works of, to distribute, to grant a license on, to sell, to transfer, to present publicly, to pass on, to spread or to exploit in any other way the Platform SimplySurfers or the collective Contents, unless you are an owner by rights of the concerned Contents of Members, or if the present Conditions authorize you there expressly. No license and no right is granted to you (e) implicitly or otherwise in conformance with any belonging intellectual property right in or checked by SimplySurfers or his licensers, safe for licenses and rights expressly granted in the present Conditions.
8.4 Subject to your respect for the present Conditions, SimplySurfers grants you a limited, not exclusive, not transferable, revocable license(Bachelor's degree), and not being able to be the object of a sublicense for i) to reach the collective Contents provided you with on or via the Platform SimplySurfers, and to consult it, only for your personal and not commercial use.
8.5 By creating, by loading(charging), by publishing, by sending, by receiving, by storing or by giving in a different way any Contents of Members on or via the Platform SimplySurfers, you grant to SimplySurfers a not exclusive, world license(Bachelor's degree), free of rights, irrevocable, perpetual (or for a period of the protection), transferable and being able to be the object of a sublicense on these Contents of Members to reach in, to use, to store, to reproduce, to modify, to create derived works of, to distribute, to publish, to transmit, to broadcast and to exploit in any other way these Contents of Members to supply and/or promote the Platform SimplySurfers on any support(medium). Safe with your express consent, SimplySurfers will claim no property right on any Contents of Members, and no clause of the present Conditions will be considered for limiting your rights of use or exploitation of your Contents of Members.
8.6 You are solely responsible for the whole Contents of the Members, which you give on or via the Platform SimplySurfers. Consequently, you declare and guarantee that: i) you are or the sole and exclusive owner of the whole Contents of Members which you give on or via the Platform SimplySurfers, or which you have all the rights, the licenses consents and necessary authorizations to grant to SimplySurfers the rights on these Contents of Members, as plan it the present Conditions; And ii) neither the Contents of the Members, nor your publication, the load, the publication, the submission or the transfer of the Contents of the Members, nor the use by SimplySurfers of the Contents of the Members (or of any part of this one) will break, will not divert either will not violate none (e) patent, copyright, commercial brand), secret of factory, moral rights or other exclusive rights or of intellectual property, or rights of publicity or confidentiality of third party, or will not entail the violation of any law or applicable regulation.
8.7 You do not post, load, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, slanderous, obscene, pornographic, vulgar or offensive; (iii) incites discrimination, fanaticism, racism, intolerance, hatred, harassment or harm to an individual or group; (iv) is violent or threatening or promotes violence or threatening acts against any other person or animal; or (v) encourages the activities or use of illegal or dangerous substances. SimplySurfers may, without notice, remove or disable access to any Member Content that SimplySurfers deems to be contrary to these Terms or potentially harmful or unacceptable to SimplySurfers, its Members, third parties or property.
8.8 SimplySurfers respects copyright laws and expects its Members to do the same. If you think that any content on the SimplySurfers platform violates your copyright, please inform us.
9 Service Fees
9.1 SimplySurfers may charge a fee to Sellers and/or Buyers (collectively, the “Service Fees”) in exchange for the use of the SimplySurfers Platform.
9.2 The applicable Service Fee is disclosed to the Vendor prior to the issuance of an Advertisement based on a percentage rate. SimplySurfers reserves the right to modify the Service Charges at any time and will inform Members within a reasonable time before the new rates take effect. To date, the SimplySurfers Service Charge rate is 15.25% of the amount set by the Seller in its Listing. This amount is to be understood as including the Service Charge rate.
9.3 The Service Fee corresponds exclusively to the commission received by SimplySurfers and excludes the payment fees charged by PayPal and/or Stripe.
9.4 You are required to pay the Service Charges due to SimplySurfers. The applicable Service Fees (including any applicable Taxes) are collected by SimplySurfers via PayPal and/or Stripe. PayPal and/or Stripe will deduct any Service Fee from the displayed price before remitting the payment to the Seller. Unless otherwise stated on the SimplySurfers platform, the Service Fees are not refundable.
10 Terms Specific for Sellers
10.1 When you create an Listing on the Platform SimplySurfers, you have to (i) supply complete and exact information on your Service of Seller (as the description of the service, the availability dates), (ii) to specify the limitations and the applicable conditions (as the minimum level required in the practice of the Surfing) and (iii) to supply other useful information asked by SimplySurfers. It is up to you to keep up to date the information of your Listing (including availability dates).
10.2 You are solely responsible for the fixation of the price (included applicable taxes) for your Listing ("Listed Price"). When a Buyer booked, you cannot ask him for a higher price that appearing in the request of reservation.
10.3 None of the conditions expressed in your Listing, in particular those concerning the cancellations, should be against the present Conditions or in the conditions of cancellation which you determined for your Listing.
10.4 Photos used in your Listings have to reflect faithfully the quality and the state of your Services proposed by the Seller. SimplySurfers reserves the right to impose a minimum and maximum number of photos, in a specific format, a size and a resolution, for every Listing.
10.5 The insertion and the classification of Listings in search results on the Platform SimplySurfers can vary and depend on various factors, as the parameters of search and the preferences of the Buyer, the requirements of the Seller, the prices and the availability dates.
10.6 When you accept or when you pre-approved a request of reservation of a Buyer, you reach an agreement legally forcing with this Buyer and you then have to supply one or several Services proposed by the Seller to the Buyer of the way described in your Listing in the date of the request of reservation. You also agree to pay the applicable Service charge and the possible taxes and the cool applicable PayPal and\or Stripe.
10.7 SimplySurfers advises to the Sellers to sign an insurance adapted for their Services proposed by the Seller. Please read carefully your insurance contract, and in particular, make sure to understand well the possible exclusions from guarantee as well as the applicable franchises, and verify among others if your insurance contract covers the actions or the omissions of the Buyers (and with people for whom the Buyer booked, if necessary) during their participation to your Service of Seller proposed by the Seller.
10.8 You certify that any Advertisement that you publish and that the booking of a Course or Guided Excursion or Package (i) will comply with all applicable laws (such as laws on the regulation of Surfing), tax obligations and other rules and regulations (including obtaining all required permits, licences and registrations). As a Vendor, you are responsible for your own actions and omissions.
11 Booking of Services offered by Sellers: Courses, Guided Excursions, Packages, Rentals of Boards and Accommodations
11.1 You have to read carefully the description of any Listing proposed by the Seller with whom you plan to book the Service to verify that you (and the other people for whom you book) satisfy the conditions specified by the Seller in its Listing, as the required minimum level, other or physical capacities, condition. In your discretion, you can decide to inform the Seller of any medical or physical problem, or other circumstances which could prevent you or to prevent every additional person from participating in complete safety in any Courses, any Guided Excursion, any Package, any Rent of Board or other Service proposed by the Seller. Besides, certain laws, as the obligation for an instructor of Surfing to hold a certification and an insurance to frame activities paid of frame of the practice of the Surfing (Courses, Excursions …) in the country where takes place Courses, the Guided Excursion, or other Service proposed by the Seller, can also apply. It is up to you to identify, to understand and to respect the set of the laws, the rules and the regulations which apply to your participation in one Courses, one Guided Excursions, one Packages or another Service proposed by the Seller.
11.2 Before and during one Courses, one Guided Excursions, one Packages or another Service of Seller, you permanently have to follow the instructions of the Seller.
11.3 You cannot invite additional people in one Courses, one Guided Excursions, one Packages or another Service of Seller if you did not add these people as additional participants during the process of reservation on the Platform SimplySurfers.
11.4 By booking one Courses, a Guided Excursion, one Packages or another Service of Seller you accept the risks bound to the practice of the Surfing.
11.5 The Buyer and the people for whom he made the reservation undertake to respect safety instructions appropriate to the Seller and in his team of frame and declare to have no medical contraindication to be able to practise the activity of Surfing. On no account SimplySurfers could be kept as persons in charge of any possible physical or other consequences, resulting from the absence of declaration of contraindication on behalf of the Buyer.
11.6 Conditions applicable to the Rent of Board (Surfboards, Bodyboard, SUP stand-up Paddle or collectively "Boards"):
11.6.1 The board rented by a Buyer under his full responsibility as soon as he takes up it. Besides, he recognizes to have acquainted with the conditions of rent of the Seller such as specified in the Listing and undertakes to respect them.
11.6.2 The Buyer (renter of the board) will use the Board in any circumstances by behaving as a father. The taking possession of the rented materials is chargeable to the customer making in the rent.
11.6.3 The rented Board is intended for the only use of the Buyer, without any possibility of money rent, or of loan even for free.
11.6.4 The Buyer certifies to be capable of being able to use the rented Board and undertakes to use him with caution, caution, and without putting in danger of thirds, by conforming to the regulations of the current Surfing in the locality or is used the Board. The Buyer undertakes to respect the regulations of the Surfing and the regulations of beaches.
11.6.5 The Buyer is called back that the Surfing is a sport at risk, which requires to know how to swim and which depends directly on conditions of the oceanic environment, the specific natural environment. The Buyer recognizes and agrees to rent the material (Boards) at his/her own risk.
11.6.6 Any Board proposed in the rent will have to be returned in the same state as that noticed during the rented discount. Any degradation, that it that is the cause, will give rise, it besides the cost of the rent, to the payment of the expenses of replacement or restoration, in the maximal limit of the value in mint condition of the material. It is up to the Seller to specify to the Buyer its conditions of pledge before the discount of the rented material. These conditions must be specified in the Listing of the Seller. If these are not specified in the Listing at the time of the reservation by the Buyer, then it is up to the Buyer and to the Seller to get on on these modalities. In case an agreement is not possible, then the Seller will have the obligation to pay off the Buyer entirely and the Rent of Board will be before cancelled even put back by the material.
11.6.7 The rent of Board could not be paid off if the return of the rented material was earlier made than the date planned in the voucher of reservation. And any overtaking of duration can be charged by the Seller to the Buyer.
12 Booking Modifications, Cancellations and Refunds
12.1 The Sellers and Buyers are responsible for all the modifications of reservation which they make on the Platform SimplySurfers or for which they ask SimplySurfers to make (the "Modifications of reservation"), and agree to pay all the Listed Prices, additional Service charge and\or all the taxes associated with these Modifications of reservation.
12.2 The Buyers can cancel at any time a confirmed reservation, subject to the conditions of cancellation determined by the Seller in its Listing, and the Seller will have the obligation to pay off the amount of the total Listed Price less the Service charge of to the Buyer according to these conditions of cancellation.
12.3 If a Seller cancels a confirmed reservation, the Buyer will have to be entirely paid off by the Seller of the amount of expenses paid for this reservation (less Service charge) for a commercially reasonable deadline following the cancellation.
12.4 For Courses, Guided Excursions, Package and other Services proposed by the Seller, if bad weather creates dangerous or uncomfortable conditions for the Buyers, the Sellers can modify or cancel a Service proposed by the Seller. In case of substantial change in the route or if the Service proposed by the Seller must be cancelled, the Seller will try hard to propose to the Buyers another date for the Service proposed by the Seller, the appropriate refund or the new reservation.
12.5 In certain cases, the Seller can decide, in his/her entire discretion, to cancel a confirmed reservation and to make the refunds and the appropriate payments. Such a cancellation can be decided (i) if the Seller considers honestly, while taking into account justifiable interests of both parts Buyer and Seller, that bad weather creates dangerous or uncomfortable conditions for the Buyers, and that it is necessary to avoid a significant damage for the Seller, other Members, the thirds or the properties, or (ii) for any other reason expressed in the present Conditions.
12.6 If a Buyer meets a problem within the framework of a reservation, SimplySurfers can decide freely to pay off to the Buyer all or part of the Service charge. The refund of the Price shown (excluding charges of service) is of the unique responsibility of the Seller.
12.7 If, as Seller, your Buyer cancels a confirmed reservation or SimplySurfers decides that it is necessary to cancel a confirmed reservation, you agree that if you were paid already, SimplySurfers will have the right to ask you to pay off the amount of the reservation to the Buyer. Any conflict of payment will be directly managed by PayPal and\or Stripe in accordance with their own conditions of use.
13 Ratings and Reviews
13.1 Within a certain time after the finalization of a reservation, Buyers can leave a public comment (the “Comment”) and a star note (the “Rating”) about their Sellers. The Ratings and Comments reflect the opinion of individual Members and not that of SimplySurfers. Ratings and Comments are not verified by SimplySurfers and may be unfounded or misleading.
13.2 The Ratings and Comments left by Buyers must be faithful and must not contain offensive or defamatory terms.
13.3 Members are prohibited from manipulating the Ratings and Comments system in any way, for example by asking a third party to write a positive or negative Comment on another Member.
13.4 Ratings and Comments are part of a Member’s public profile and can also be displayed elsewhere on the SimplySurfers Platform (notably in the Listings page).
14 Disputes between Members
14.1 If you are confronted with a dispute with another Member or third party, we invite you to communicate directly with the third Member or the part and to try to solve of best that possible the amicable dispute.
14.2 If you are in the incapacity to solve the dispute with the Member or the third party, we can intervene to help to solve the dispute. If you wish that we participate in it, please communicate with us. We shall help you honest by establishing us on our Conditions. However, we shall be in the incapacity to utter any judgment on legal questions or claims.
14.3 If you are a Buyer or a Seller, you have to cooperate with us throughout the settlement process of the disputes. We shall ask you to supply all the information relative to the dispute in question. These demands will be sent to your e-mail address which you indicated in your Account. If we are not capable of obtaining an answer from you we can then close the investigation or determine that the investigation was solved in favour of the other part.
14.4 The disputes as Buyer:
14.4.1 You can send us two types of disputes: i) the Service is not "delivered" or "depiction", or the Seller answers none of your attempts to communicate; ii) the Service provided is significantly different from that described in the Listing of the Seller.
14.4.2 You have then the possibility of postponing this type of incident to the company which will have proceeded to the payment of the Seller, or PayPal is Stripe. Study with PayPal or Stripe the solutions of refund which offer themselves to you. These are multiple and they are covered in the conditions of use of PayPal and Stripe.
14.5 The disputes as Seller:
14.5.1 As Seller, we encourage you to communicate actively with your Buyer in particular if there are exceptional circumstances. We encourage you to be quick to answer your Buyers to avoid the disputes.
14.5.2 For the Services which are not delivered / returned, we shall communicate with you to obtain proofs of Services provided. The elements which you can bring will have to demonstrate clearly that you returned / delivered the Service to the buyer as indicated on the receipt of reservation. If the elements of proof of delivery of the Service cannot be supplied, we can then solve the dispute in favour of the buyer.
14.5.3 For the Services which are not returned / delivered according to their description in the Listing, we shall study the description of the Listing and the images which were supplied in the Listing. If both parties do not get on as for the difference between the element / service which was sold and what was described, we shall try hard to make the fairest possible decision by establishing us on all the information which we shall have then. We will make a decision based on many criteria, including the description of the Service, communications between the Vendor and the Purchaser, and any documentation provided. All decisions we make will be final.
15 Disputes with us
15.1 If you are on bad terms with us, let us know and we hope to be able to solve your problem
15.2 These conditions are subject to French law. Any dispute relating to their interpretation and/or enforcement is a matter for the French Courses.
15.3 In the event of difficulties arising from the application or interpretation of these Terms, the parties undertake, prior to any legal action, to submit their dispute to an attempt at conciliation.
15.4 The parties shall endeavour to seek an amicable solution within a reasonable time.
15.5 In the event of the failure of the conciliation, each party shall be free to refer the matter to the competent Courses, it being agreed that the Courses of the place of the Company’s registered office shall be solely competent to the exclusion of all others.
16 Prohibited Services and Items
We ban certain types of services and products from our SimplySurfers platform. Some of these elements pose legal risks to our community.
It is the responsibility of the Seller to ensure that the Services it offers comply with all laws and are authorized to be offered for sale in accordance with local laws and regulations. For the convenience of the Seller we present below a non-exhaustive list of prohibited items that are not allowed for sale on the SimplySurfers Platform.
If a service, article or product is considered in violation of this policy, we can impose on the Seller a series of actions being unfavourable to him, ranging from the modification of his Advertisement, to the suspension or deletion of it-the temporary or definitive closure of the Seller’s Account, or even recourse to legal action.
The types of services, products and prohibited items are those related to:
I. The alcohol
Ii. Tobacco products, produced fumable, e-cigarette and e-liquid
Iv. The medicine, the medical instruments and the elements with questionable medical complaints. Announce them forbidden to make claiming as having a cause and effect relationship between a substance and a prevention, a cure or a treatment of a disease or a sanitary condition.
V. Animals and insects
Vi. Made articles or resulting from animals, including, but not limited in, endangered species and exotic animals
Vii. Ivory or bone, including the defenses, the moose of the ivory, the fossilized ivory and the ivory of woolly mammoth of the producing animals of ivory.
Viii. The human beings, the human rests, the parts of the body and the objects made from human rests, except for hair
Ix. Dangerous materials which are flammable, explosive, corrosive, radioactive, toxic or otherwise dangerous
X. Articles or Listings to promote, support or trying to involve Members in an illegal activity
Xi. Articles or Listings to promote, support or glorify the hatred and trying to discriminate and\or to decrease according to the race, the religion, the sex, the identity of kind, the handicap or the sexual orientation
Xii. The elements which strike a blow at the copyright law, including, but not limited in, the unauthorized sales of eBooks
Xiii. Articles of forgery
Xiv. The unauthorized resale of tickets
Xv. The illegal goods or stolen
Xvi. Illegal services does not limit itself to the prostitution
Xvii. The pornography and of the material for adults and the services, including, but not limited in, pornographic, books, magazines, videos and photos
Xviii. Use of underwear and intimate articles
Xix. Objects presenting a risk of unreasonable damage
And all other elements illegal or restricted in the jurisdiction of the Buyer and\or the Seller which, besides, encourage illegal or restricted activities.
If you see an Listing which does not respect our politics, please contact us.
17 Exclusion of Liability and Warranty
If you choose to use the Platform SimplySurfers or the collective Contents, you make it voluntarily and for your only risks and dangers. The Platform SimplySurfers and the collective Contents are supplied "as is", without any guarantee, explicit or implicit.
You recognize that you had all the possibilities that you consider necessary to analyze the SimplySurfers services, the laws, the rules or the regulations susceptible to be applicable to your Listings and/or to the Services of Seller which you receive, and which you did not trust the mentions of SimplySurfers concerning a law or a fact in connection with an Listing.
If we choose to verify the identity or the histories of a Member, in the measure authorized by the applicable law, we exclude any guarantee, explicit or implicit, which these checks will allow to identify a past bad behavior of a Member, or which a Member will not show a bad behavior in the future.
You suit that certain Services of Courses, Guided Excursions, Package, Rent of Boards or other Services proposed by the Seller can entail risks, and by participating in these Services, you choose voluntarily to accept these risks. You accept the full responsibility of the choices which you make before, during and after your participation to a Service proposed by the Seller. If you take a minor(miner) as participating additional, you are solely responsible for the surveillance(supervision) of this minor(miner) during the duration of your Service proposed by the Seller, and in all the measure allowed by the law, you agree to clear(release) SimplySurfers of any responsibility for all the commitments and the appeals(recourses) bound(connected) in any way to a damage, a death, a loss or damage undergone by this minor(miner) during the Service proposed by the Seller or in link in any way with your Service proposed by the Seller.
The above-mentioned exclusions apply in all the measure allowed by the law. You can have other legal rights. However, the duration of guarantees been imperative by the law, where necessary, will be limited in all the measure allowed by the law.
Unless you lived in the EU, you recognize and agree that, in all the measure allowed by the law, you assume the completeness of the risk bound to your access in and to your use of the Platform SimplySurfers and the collective Contents, your publication of Listings and your reservations on the Platform SimplySurfers, your participation any Service, or any other interaction which you have with other Members, personally or online. Neither SimplySurfers, nor any other part involved in the creation, the production or the provision of the Platform SimplySurfers or the collective Contents would know how to be indebted of any secondary, special, exemplary or consecutive damages, including the loss of profit, the loss of data or the loss of clientele, the interruption of service, the computing damage, the failure of system, the cost of products or substitution services, or any damages resulting from any personal damage, any physical damage or any emotional distress resulting directly or indirectly (i) of the present Conditions, (ii) of the use or from the incapacity to use the Platform SimplySurfers or the collective Contents, (iii) of every communications, Your use of the Platform SimplySurfers, or (iv) of your publication of an Listing or a reservation of a Service which is the object of an Listing, including a supply or a use of the Services proposed by the Seller which are the object of an Listing, whether it is in conformance with a guarantee, in conformance with a contractual or criminal liability (including for carelessness), of a responsibility because of the defective products or because of any other legal theory, and independently of the fact that SimplySurfers is informed or not about the possibility of such damage, even if any limited legal remedy expressed in the present failed in its essential object. The global responsibility of resultant SimplySurfers of either bound to the present Conditions and to your use of the Platform SimplySurfers, including, without limitation, your publication of Listings or your reservation of Services on the Platform SimplySurfers, or to the use or to the impossibility to use the Platform SimplySurfers or the collective Contents, and in connection with any Service proposed by the Seller or the possible interactions with other Members, could not exceed on no account the amounts which you settled or of whom you are indebted in conformance with reservations made on the Platform SimplySurfers as Buyer during twelve (12) month preceding the event questioning the responsibility. The limitations of the aforementioned damages are fundamental elements of the agreement between SimplySurfers and you. Some jurisdictions do not allow exclusion or limitation of liability for intangible or incidental damage; therefore, the above limitations may not apply to you. If you reside outside the United States, the foregoing provisions do not apply to the liability of SimplySurfers in the event of death or bodily harm caused by its negligence, or in the case of misrepresentation, misrepresentation of a fundamental issue or any other liability that cannot be excluded or limited under applicable law.
You agree to discharge, defend (if SimplySurfers wishes), indemnify and release SimplySurfers, its officers, directors, employees and agents, from any liability in respect of any claim, liability, damage, loss and expense, including, without limitation, reasonable legal and accounting costs, arising out of or in any way related to (i) your failure to comply with these Terms, (ii) your inappropriate use of the SimplySurfers Platform or SimplySurfers Services, (iii) your interaction with any Member, your participation in a Vendor Service, including, without limitation, any injury, loss or damage (compensatory, direct, incidental, intangible or other) of any kind related to or resulting from such interaction, service, participation or use, or (iv) your violation of any law, regulation or right of third parties.
20 General Provisions
We invite and encourage your feedback and suggestions so that we can improve the SimplySurfers Platform (“Remarks”). You can submit comments by sending us an e-mail, through our «Contact» form of the SimplySurfers Platform, or by any other means of communication. No Note you send us is considered confidential or proprietary. By transmitting your Remarks to us, you grant us a non-exclusive, worldwide, rights-free, irrevocable, perpetual and sub-subject licenselicense to use and publish these ideas and materials for any purpose, without any compensation to you.