Terms and conditions

1. Owner and identifying details

In compliance with Ley 34/2002 (LSSI-CE), the following details identify the owner of this website and of the activity:

• Owner: Ignacio Floris Canal
• Trading name: BCN Surf School
• NIF: 47725048W
• Address: Calle Rocafort 244, 08029 Barcelona
• Email: hello@bcnsurfschool.es
• Activity: school of surf, surfskate and water and sports activities for adults and minors.

Hereinafter, “the school” or “we” refer to the owner; “you”, “the client”, “the contracting party” or “the participant” refer to whoever books or takes part in an activity.

2. Object and acceptance. The person who books is responsible for their whole group

2.1. These conditions govern the booking, contracting of and participation in the lessons, courses, tours, outings, class packs, subscriptions, day camps, camps, events and other activities organised by the school, contracted through the website, the app or any other channel.

2.2. By making a booking, completing a payment or ticking the acceptance box, the contracting party declares that they have read, understood and accepted these conditions, and that the details they provide are true, complete and up to date.

2.3. The contracting party guarantees and is answerable for ensuring that all the other people included in their booking (companions, group members, family, employees or guests) have been informed of the characteristics and risks of the activity and have read and accepted these conditions, in particular the declarations in clause 6 and the assumption of risks in clause 8. In the case of minors, they guarantee that whoever accepts on the minor’s behalf is their father, mother or legal guardian, or a person expressly authorised by them (clause 9).

2.4. The school relies on the truthfulness of the declarations of the contracting party and of the participants in order to organise the activity safely. The consequences of an inaccurate or false declaration are the sole responsibility of the person who makes it, under the terms of clauses 6, 8 and 9.

3. Bookings, prices and payments

3.1. Bookings are made online (website or app) or through the channels the school makes available. A spot is only confirmed once payment has been completed correctly.

3.2. Prices are shown in euros and include applicable taxes where appropriate. The school may modify its prices at any time; the price in force at the time of booking always applies.

3.3. Payment is processed securely through the payment gateway (Stripe). The client guarantees that the payment details provided are true and their own.

3.4. Promotional codes are valid in accordance with their conditions, cannot be combined, and only one may be applied per booking. Class packs and subscriptions are additionally governed by the specific conditions stated for each product (validity, number of sessions, renewal and cancellation).

3.5. The school reserves the right not to confirm bookings for justified reasons (full capacity, sea conditions, age or level requirements, etc.); in that case any amount paid for that booking will be refunded.

4. Sea conditions and weather. Mobile school

4.1. Our activities take place in the natural environment (sea and beach) and depend on the weather and the state of the sea, which the school assesses every day according to safety criteria.

4.2. Change of beach or meeting point: for safety reasons or to ensure suitable conditions, the school may move the activity to another beach or change the meeting point, giving as much notice as possible. This change forms part of the service contracted, does not constitute a modification of, or failure to perform, the contract, and does not give rise to any right to a refund or to compensation, provided the activity is delivered on the scheduled date or, where that is not possible, is rescheduled in accordance with clause 5.

4.3. Change of time or postponement for safety reasons: if conditions make it necessary to delay, bring forward or postpone the session, the school will offer to reschedule it. Rescheduling for safety or weather reasons does not give rise to compensation, without prejudice to the right to a refund where the school cancels definitively (clause 5.1).

4.4. The school is not liable for the client’s ancillary expenses associated with changes or cancellations due to weather or force majeure (travel, accommodation, other commitments), which the client assumes when contracting an activity that depends on the natural environment.

5. Cancellations, changes and refunds

5.1. If the school cancels (lack of suitable conditions, unfavourable sea state, force majeure or safety reasons): we will offer to reschedule the activity for another date or, if you prefer, a refund of the amount paid for that activity. By default the amount is credited to you as credit, usable for any activity; if you prefer a refund, you can request it from the link included in the cancellation email or simply by replying to it. No compensation or ancillary expenses are payable (clause 4.4).

5.2. If the contracting party cancels or wants to make a change: they must notify us at least 24 hours before the start time in order to reschedule their spot at no cost. Cancellations made less than 24 hours in advance and no-shows do not give the right to a refund or to reschedule, as these are limited spots reserved exclusively.

5.3. Late arrivals: the activity is not extended because of the client’s late arrival; they may join if this is possible without affecting safety or the rest of the group. Time lost through the client’s delay cannot be recovered or refunded.

5.4. Right of withdrawal: in accordance with article 103.l) of Real Decreto Legislativo 1/2007 (TRLGDCU), services related to leisure activities provided on a specific date or period are excluded from the 14-day right of withdrawal. Once an activity has been booked for a specific date, only the change policy in this clause applies.

5.5. Approved refunds are paid by the same payment method used for the purchase.

6. Participation requirements and declaration of aptitude

6.1. Being able to swim is an essential requirement. By accepting these terms, the contracting party expressly declares, on their own responsibility, that:

• a) They can swim confidently in open water and are in physical and health condition suitable for the practice of water and sports activities.
• b) All the other people included in their booking can also swim in open water and are in suitable physical and health condition. The contracting party is answerable for the truthfulness of this declaration in respect of all the participants in their group.
• c) Neither they nor the other participants suffer from injuries, ailments, heart or respiratory conditions, epilepsy, mobility problems, an at-risk pregnancy or any other medical contraindication for the activity, nor will they take part under the effects of alcohol, drugs or medication that impairs their abilities.
• d) The personal, contact and health details provided are true and complete.

6.2. Duty of prior disclosure: the participant must inform the school, before the start of the activity, of any circumstance relevant to their safety (injuries, ailments, allergies, treatments, pregnancy, fear of the water, actual swimming ability, etc.). This disclosure allows the instructor to adapt the activity; failing to make it deprives the school of the opportunity to do so.

6.3. Consequences of inaccuracy or falsehood: the school organises each activity relying on these declarations. Any inaccuracy, concealment or falsehood in the declarations in this clause is the sole responsibility of the person making them and releases the school from liability for the damage and consequences arising from it, to the extent that the school, acting diligently, could not have known of or foreseen the concealed circumstance. In addition, anyone who makes a false declaration will be liable to the school for the damage and losses that such falsehood causes it.

7. Obligation to follow instructions. Safety rules and exclusion

7.1. It is compulsory to follow the instructor’s instructions and the school’s safety rules at all times: swimming and practice areas, distances, use of the gear (leash, board, paddle, wetsuit, buoyancy vest where applicable), signals, and the order to leave the water when so instructed.

7.2. The instructor is the authority on safety matters during the activity and may, exercising professional judgement: adapt or limit the exercises, change area, shorten the session or bring it to an end, and refuse, suspend or exclude from the activity, with no right to a refund, any participant who:

• a) fails to comply with their instructions or the safety rules;
• b) shows signs of being under the effects of alcohol, drugs or substances that impair their abilities;
• c) does not meet the physical condition or level declared, or puts their own safety or that of others at risk;
• d) behaves aggressively, recklessly or disrespectfully towards the group, the instructor or other beach users.

7.3. The school is not liable for damage that the participant suffers or causes as a direct consequence of their decision to disregard the instructor’s instructions or the safety rules (for example, entering or remaining in the water against the instructor’s express indication, leaving the designated area or using the gear in a prohibited way), without prejudice to any liability that the law does not allow to be excluded (clause 8.4).

7.4. Exclusion on the grounds set out in this clause does not give any right to a refund or to reschedule, given that the spot and the resources have already been allocated, and it serves to protect the safety of the participant themselves and of the group.

8. Assumption of inherent risks and liability

8.1. Inherent risks. Surfing, paddle surfing, SUP yoga, surfskating and the other activities we offer are sports that involve intrinsic risks that no amount of diligence can eliminate entirely, including among others: falls into the water or onto the ground, impacts with your own board, the paddle or other equipment (your own or that of other participants), contact with the seabed, currents, waves and changing sea and wind conditions, physical exertion, sunstroke and water temperature.

8.2. Voluntary assumption of risk. By registering, the participant (or whoever contracts or authorises on their behalf) declares that they know, understand and voluntarily and freely assume these inherent risks, in accordance with the doctrine of assumption of risk applicable to the practice of sport. Damage that is the materialisation of a risk inherent to the activity, in the absence of negligence on the part of the school, is borne by the person practising the sport.

8.3. What the school does cover. This assumption of risks does not extend to damage caused by the negligence of the school or its staff (for example, gear in poor condition that was not flagged, lack of the supervision that could be required, or decisions contrary to professional diligence). The school holds civil liability and accident insurance for the practice of the activity, works with qualified instructors and assesses sea conditions daily.

8.4. Legal limits. Nothing in these conditions excludes or limits the school’s liability for its own wilful misconduct or negligence, or the rights that consumer law grants on a non-waivable basis (arts. 86 and 130 TRLGDCU and related provisions). Any limitation applies only to the extent permitted by law.

8.5. Within those limits, the school is not liable for:

• a) damage arising from failure to comply with these conditions or with the instructor’s instructions (clause 7);
• b) damage arising from inaccurate or false declarations of aptitude or health, or from concealed medical information (clause 6);
• c) loss, theft or deterioration of personal belongings (clause 10);
• d) force majeure or unforeseeable events (extreme weather phenomena, beach closures, decisions by the authorities, etc.);
• e) the client’s ancillary expenses (clause 4.4);
• f) the loss of sessions for reasons not attributable to the school.

8.6. To the extent permitted by applicable law, the school’s liability for damage other than personal injury is limited to the amount paid for the activity in question.

9. Minors

9.1. Minors may only take part with the express authorisation of their father, mother or legal guardian, who accepts these conditions on their behalf, makes the declarations in clause 6 in respect of each minor and authorises their participation in full knowledge of the risks in clause 8.

9.2. The adult who registers a minor declares on their own responsibility: (a) that they are the minor’s father, mother or legal guardian, or that they have the express authorisation of such persons; (b) that the minor’s details are true, in particular that the minor can swim and has no undisclosed medical contraindications; and (c) that they have informed the minor, in a manner appropriate to their age, of the rules of the activity and of the obligation to obey the instructor.

9.3. The signing guardian is answerable for the truthfulness of these declarations and for any damage or losses that their inaccuracy causes to the school or to third parties, under the terms of clause 6.3.

9.4. The guardian undertakes to provide a contact phone number that remains reachable throughout the activity and to be punctual when dropping off and picking up the minor. Outside the activity hours, custody of the minor rests with their guardian. At the day camp and in children’s activities, minors are handed over and collected only by the authorised persons indicated in the registration.

10. Gear, equipment and personal belongings

10.1. The school provides the gear (boards, paddles, wetsuits, leashes, etc.) in good condition and suitable for the activity. The participant must check it on receipt and immediately report any defect or issue.

10.2. The participant undertakes to use the gear in accordance with the instructions and to return it at the end. They will be responsible for damage to or loss of the gear caused by negligent or improper use or use contrary to the instructions (not for normal wear and tear or damage inherent to correct use during the activity), and the school may claim the cost of repair or replacement from them.

10.3. Personal belongings: the school may offer lockers, a storage area or informal watching over of belongings, purely as a courtesy and without this constituting a deposit contract. Personal items and valuables (phones, keys, wallets, watches, jewellery) remain the sole responsibility of their owner; we recommend not bringing them to the activity. The school is not liable for their loss, theft or deterioration, except where its own negligence is proven.

11. Transport to other beaches

11.2. By voluntarily getting into the vehicle, the participant accepts that the journey is made under the same conditions as a private journey between individuals: liability, the vehicle’s insurance and any traffic incident are governed exclusively by traffic and road safety legislation and by the vehicle’s compulsory insurance, with the school assuming no additional liability beyond that which by law falls to the driver.

11.3. The participant may at any time choose to travel by their own means.

11.4. Belongings inside the vehicle: on trips outside Barcelona, the school may allow, purely as a courtesy and without this constituting a deposit agreement, participants to leave their belongings inside the vehicle during the activity. Items remain under the sole responsibility of their owner, and the school is not liable for their loss, theft — including theft from inside the vehicle — or damage, except in cases of proven negligence on its part. We recommend not leaving valuables in plain sight.

12. Image rights (separate and revocable consent)

12.1. During the activities the school may take photographs and videos for teaching purposes (technique correction, a memento of the session) and for promotion (the school’s website and social media).

12.2. The promotional use of your image requires your express, separate consent, which is requested by means of a specific checkbox that is not ticked by default at registration or booking. Accepting these terms does not imply authorising the use of your image, and refusing does not affect your participation in the activity.

12.3. You may revoke your consent at any time, without retroactive effect, by writing to hello@bcnsurfschool.es. We will remove the content in which you appear as far as reasonably possible (posts already shared by third parties may be beyond our control).

12.4. In the case of minors, consent is given or refused by their father, mother or legal guardian, likewise separately and revocably.

12.5. Your class photos. After the session the instructor may upload the photos taken, and you get a private link by email; if you have the app, you can see them there too. Those photos are sent only to the students in that same class and carry no watermark. They are kept for a few days (7 by default) and then deleted automatically, so download them if you want to keep them. The link is a bearer link: anyone holding it can view the photos, so please do not share it around. If you would rather not be photographed, tell the instructor before we start and you will not be. And if you want a specific photo deleted, write to hello@bcnsurfschool.es and we will do it. Sending photos to students is a different use from publishing on social media under 12.2, which still needs your separate consent.

13. Data protection

The processing of personal data is governed by our Privacy Policy, which forms an integral part of these conditions. It sets out the controller, the purposes, the legal bases, the data processors (including the automated Instagram assistant), the retention periods and how to exercise your rights.

14. Intellectual and industrial property

All the content on this website (texts, photographs, designs, logos, trademarks, source code and other elements) is the property of the school or of third parties who have authorised its use, and is protected by intellectual and industrial property law. Its reproduction, distribution, transformation or public communication without the owner’s express written authorisation is prohibited.

15. Use of the website

The user undertakes to make appropriate use of the site and not to use it for unlawful purposes or to introduce viruses or harmful code. Failure to comply may lead to cancellation of the service.

16. Modification of the terms

The school may update these terms to adapt them to legal changes or to changes in its services. The version published at the time of contracting applies. We recommend reviewing them periodically.

17. Applicable law and jurisdiction

These conditions are governed by Spanish law. Disputes with consumers fall within the jurisdiction of the courts and tribunals determined by law (as a general rule, those of the consumer’s place of residence); for clients who do not qualify as consumers, the parties submit to the courts and tribunals of Barcelona. If you are a consumer, you also have access to official complaint forms and to the European online dispute resolution platform.

Any questions about these conditions? Write to us at hello@bcnsurfschool.es and we will clear them up before you book.

18. Language

These terms and conditions are published in several languages for your convenience. In the event of any discrepancy between the language versions, the Spanish version shall prevail.