Booking Terms & Conditions

Please read these Terms & Conditions carefully. By submitting a booking request and/or making payment, you agree to be bound by these terms, which constitute a legally binding contract between you (“the Client”) and Mahalo Surf Experience (“Mahalo”, “we”, “us”, or “the Company”).

1. Booking & Contract Formation

1.1 All booking requests must be submitted in writing via our official communication channels.

1.2 A contract between Mahalo Surf Experience and the Client is formed upon:

• Written confirmation issued by Mahalo; and
• Receipt of the required deposit or full payment.

1.3 All bookings are subject to availability and written confirmation.

1.4 The Client confirms:

• They are at least 18 years of age;
• They have authority to bind all participants listed in the booking;
• All participants agree to these Terms & Conditions.

2. Payment Terms

2.1 A non-refundable deposit (minimum 25% unless otherwise stated in writing) is required to secure a booking.

2.2 Full payment must be received no later than 90 days prior to expedition commencement, unless otherwise agreed in writing.

2.3 For bookings made within 90 days of departure, full payment is required immediately.

2.4 All bank transfer fees and transaction charges are the responsibility of the Client.

2.5 Failure to complete payment within required timelines may result in cancellation of the booking without refund of deposit.

3. Pricing & Scope of Services

3.1 The confirmed invoice outlines the services included in your expedition.

3.2 Prices are subject to change prior to confirmation due to:

• Currency fluctuations
• Governmental fees
• Third-party supplier increases
• Fuel surcharges
• Regulatory changes

3.3 Mahalo reserves the right to adjust itinerary elements due to:

• Weather or ocean conditions
• Safety considerations
• Government restrictions
• Operational constraints

Such adjustments shall not constitute breach of contract.

4. Cancellations by Client

4.1 All cancellation requests must be submitted in writing.

4.2 Cancellation charges apply as follows:

• More than 90 days prior to departure: deposit retained; balance refundable where recoverable.
• 60–89 days prior: up to 50% of total expedition cost may be retained.
• 30–59 days prior: up to 75% of total expedition cost may be retained.
• Less than 30 days prior: up to 100% of total expedition cost may be retained.

4.3 Refunds are subject to recovery of third-party costs. Non-recoverable supplier costs remain payable.

4.4 No refunds will be issued for unused services, early departures, or itinerary curtailment.

5. Cancellations or Changes by Mahalo

5.1 Mahalo reserves the right to cancel or modify an expedition due to:

• Force Majeure events
• Safety risks
• Weather or ocean conditions
• Governmental action
• Unforeseen operational limitations

5.2 In such cases, payments made will be refunded less any non-recoverable costs incurred.

5.3 Mahalo is not responsible for additional expenses incurred by the Client (including flights, insurance, or personal arrangements).

6. Force Majeure

Mahalo shall not be liable for failure or delay in performance caused by events beyond reasonable control, including but not limited to:

• Natural disasters
• Extreme ocean conditions
• Epidemics or pandemics
• Political unrest
• Government travel restrictions
• War or terrorism
• Transportation disruption

In such cases, clients must seek recourse through their travel insurance.

7. Insurance (Mandatory)

7.1 Comprehensive travel insurance is mandatory for all participants.

7.2 Insurance must include:

• Medical coverage
• Emergency evacuation
• Search and rescue
• Adventure sports coverage
• Cancellation and curtailment protection

7.3 Proof of insurance may be required prior to departure. Mahalo reserves the right to deny participation without adequate coverage.

8. Assumption of Risk

8.1 Surfing, ocean activities, boating, remote travel, and adventure expeditions inherently involve risk.

8.2 The Client acknowledges and accepts all inherent risks, including but not limited to:

• Physical injury or illness
• Ocean hazards
• Wildlife encounters
• Remote medical limitations
• Environmental unpredictability

8.3 Participation is voluntary and undertaken at the Client’s own risk.

9. Liability Limitation

9.1 Mahalo acts as expedition designer and coordinator. Many services are delivered by independent third-party providers.

9.2 Mahalo shall not be liable for:

• Acts or omissions of third-party suppliers
• Loss, theft, or damage of personal property
• Weather-dependent conditions (including poor surf)
• Indirect or consequential losses

9.3 Where liability is established, it shall be limited to the total expedition fee paid by the Client.

10. Health & Medical Disclosure

10.1 Clients must disclose any relevant medical conditions prior to departure.

10.2 Mahalo reserves the right to decline participation if health conditions present undue risk.

10.3 Clients consent to emergency medical treatment if deemed necessary during the expedition.

11. Privacy & Confidentiality

11.1 Client confidentiality is fundamental.

11.2 Mahalo does not disclose client identities or itineraries without explicit consent.

11.3 Personal data is handled in accordance with applicable data protection regulations.

12. Media Usage

Photography or video content will not be used for promotional purposes without prior written consent.

13. Governing Law & Jurisdiction

These Terms & Conditions are governed by the laws of Germany.

Any disputes arising shall be subject to the exclusive jurisdiction of the courts of Germany.