Section I

About booking a vacation package with Believe Surf and Yoga S.A.

“We will always put our biggest effort to adapt ourselves to any changes you may request
as long as this does not affect commitments already taken with other stakeholders.”

By placing a booking with us (the property owner, his or her representative, from now on “Believe”) you (the lead guest and your booking party joining your stay and beneficiary of your booking, from now on “the Guest”) agree to the following terms and conditions as set-out. During your stay you agree to abide by the subsequent conditions as set-out. If you have any questions about booking with us, please contact us before making a booking.

1. GENERAL REQUIREMENTS FOR BOOKING AT BELIEVE.

To place a booking with us the lead guest must be at least 18 years of age. The maximum number of staying guests per room is illustrated in the room occupancy details on the website. Where the person making the booking is different to the lead guest taking up the occupation, the person making the booking may be held responsible for cancellation, non-arrival and damages as set-out within. Only the lead guest and the named booking party are allowed to use the property and its facilities, any third party visitors are only allowed access at our express permission.

2. SECURING YOUR BOOKING AND GENERAL PAYMENT CONDITIONS:

2A. Deposit Payment (a.k.a. Pre Payment)

To secure any booking we require a deposit to be paid in advance, this deposit amount depends on the season booked:

• Low and mid season: 30% requested to confirm.
• High and peak season: 40% requested to confirm.

Deposit payments (a.k.a. Pre Payment) must be ‘cleared funds’ before a booking can be confirmed. Pre Payments are only refundable under the conditions set-out here within.

Pre Payments can be made a) on line through our “booking and payment platform”, or b) pre arranged via email or phone (info@surfandyogacostarica.com | +506 8660 2345).

2B. Final Payments (a.k.a. Full Payment)

Final Payments can be made: 

For low and mid season: a )upon arrival by cash, credit card or PayPal or b) at any time prior to check in via our “booking and payment platform” or c) pre arranged via email or phone (info@surfandyogacostarica.com |+506 8660 2345).

For high and peak season: a) fifteen (15) days before arrival via our “booking and payment platform” or c) pre-arranged via email or phone  (info@surfandyogacostarica.com | +506 8660 2345).

2C. General Conditions

All guests agree to respect the privacy and peace of all other staying guests, neighbors and the owners at all times. We reserve the right to cancel a booking with immediate effect if guests are not honoring this agreement or causing a disturbance or nuisance to other guests, neighbors or the owners. For cancellations for this cause, no refunds will be handled.

3. ABOUT CONDITIONS THAT APPLY TO CONFIRMED BOOKING:

By proceeding with the reservation you accept and agree with Believe Surf and Yoga S.A. that the reservation, if accepted by us, shall be on the terms and conditions as follows:

3A. Check In:

Check in time is from 2:00pm and before 7.30pm on the day of arrival.

Valid ID: A valid government-issued identification or passport is required at check-in.

Early check in: Should you arrive at the hotel prior to the normal check-in time, you are advised to approach the Hotel’s Guest Services Desk for assistance in storing your luggage until check-in is available. If arriving early, you are also advised to consider making a reservation for the evening prior to your arrival.

Late check in: If your check in will be after 7.30pm we must be notified to arrange your arrival and assess if an extra “late night” fee will apply.

3B. Check Out:

Check out time is by 11.00am

Late check-outs are available on request subject to room availability and occupancy level. Please check with the Hotel’s Front Desk at least 24 hours prior to your departure on availability of late check-out.

Half or full day extra charges: A half-day room charge may be incurred for late check-out between 12pm to 6pm and a full day room charge may be incurred for late check-out after 6pm.

4. CANCELLATION, REFUNDS & NON-ARRIVAL CONDITION

4A. Guest Cancellation:

Guest who needs to cancel a booking should contact us as soon as possible. Deposits already paid are only returned in accordance with the following conditions:

Low and mid season (30% deposit requested):

• Cancellation made 30 days or more in advance of arrival date, 100% of deposit refund.
• Cancellation made between 30 and 15 days of arrival date, 50% of deposit refund. 
• Cancellation made 15 days or less of arrival date = no refund issued.

High season (40% deposit requested):

• Cancellation made 30 days or more in advance of arrival date, 100% of deposit refund.
• Cancellation made between 30 and 15 days of arrival date, 50% of deposit refund. 
• Cancellation made 15 days or less of arrival date = no refund issued.

Peak season (40% deposit requested):

• Cancellation made 30 days or more in advance of arrival date, 50% of deposit refund.
• Cancellation made 30  days or less of arrival date = no refund issued. 

4B. About Partial Refunds:

No partial refunds or credits will be given for unused services related to accommodation (hotel rooms) or transportation (taxis, shuttles, or flights). 

According to the case, depending on the moment when the cancellation is made,  credits might be given for unused services related to activities or meals such as surf lessons, yoga lessons or any other activity included in the purchased package, breakfasts and lunches. 

4C. No Shows

Cases in which guests do not show up on the day of check in will be considered as cancellation. Our cancellation policy will govern depending on the season.

4D. Believe Cancellations:

In the rare event we need to cancel your booking with us, please be aware that we cannot be held liable for circumstances beyond our control and that our liability to you is limited to the refund of any payment already made.

5. OTHER TERMS OF SERVICE:

WiFi Fair & Appropriate Usage Policy

Where WiFi Internet access is provided, guests accept to use this access to the Internet fairly and appropriately. We may monitor network performance and user usage in order to maintain a fair and high level of service to all our guests.

The Internet access provided is intended for general use such as access to the world wide web, email, messaging, social media, light video / music / media streaming. It is not intended or ideally suited for heavy media streaming, online gaming, extensive downloads / uploads. Access to illegal activity or use of our network for illegal activity is prohibited and will be reported to local authorities.

Damages & Lost Property

We reserve the right to charge the lead guest for any damages caused through the course of a booking by any member of the booking party. This includes breakages, spillages, stains, damage to furniture or fixtures and fittings. Any accidental damages should be reported as soon as possible in order to minimize damage and associated costs. Lost keys will incur a replacement charge per key of USD 10.

Any lost property, if discovered and found, left behind by guests during a stay will be held for a period of 1 month. While we will make our best efforts to reunite lost property with their owners we accept no responsibility in replacing lost items and encourage guests to ensure they have all their belonging before checking-out. We may offer to post lost items via recorded delivery at the cost of the property owner, otherwise collection can be arranged.

Smoking

Smoking of any tobacco products including, but not limited to cigarettes, pipes, cigars, snuff or chewing tobacco, is not allowed inside rooms, yoga deck and kitchen area; and only allowed in designated areas as sign posted throughout the accommodation and is in accordance to local government regulation.

Pets & Service Dogs

We do not accept pets throughout the accommodation. Please contact us to assess any exception to this rule (i.e. service dogs). No pets will be allowed upon check in if this was not pre communicated and approve by Believe Surf and Yoga in written form.

Parking

Where on-site parking is provided guests accept that they park their vehicles at their own risk.

Accessibility Statement

Our room number 10 is fully accessible, with vehicle access to the door of the room. Both room and bathroom are wheel chair friendly.

Your Personal Details & Privacy

We are required to keep a register of all guests who stay with us, this includes full names and nationality, date of birth, and/or passport numbers, place of issue. These records are kept for a minimum of 12 months and in accordance with local data protection laws.

Our policy surrounding the personal details you provide as part of any booking or enquiry through this website / or third party website, including the privacy of those details are explained and set out in our Privacy Policy which you can read here.

You accept that any entries you make to an on-site guest book, if available, will not contain personal information or details you would not want disclosed.

Our Right To Cancellation

We reserve the right to cancel any booking without compensation, refund or reimbursement if the terms of these conditions are breached.

Section II:

About the use of our website and social media channels

“We (Believe and you, as a user and potential guest)
shall both make a decent and honest use of our content and information.”

Believe Surf and Yoga (“Us” or “We”) provides the believesurfandyoga.com website, social media channels (@believesurf, @believelodge, @believe.family) and various related tourist services (collectively, the “Website”) to you, the User, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”), as well as any other written agreement between us and you.

In addition, when using particular services or materials on this Website, Users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

These Terms of Service are effective as of Aug 20, 2019. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms of Service from time to time and to familiarize yourself with any modifications.

Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

We reserve the sole right to either modify or discontinue the Website, including any of the Website’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms of Service.

CONDUCT ON WEBSITE

Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By posting information in or otherwise using any communications service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.

Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.

Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website or our social media channels. We generally do not pre-screen, monitor, or edit the content posted by users of communications services or other interactive services that may be available on or through this Website. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site or social media channels without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

THIRD PARTY WEBSITES

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive.

These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos, and service names used on the Website are registered trademarks, service marks, and/or artwork held under copyright of Believe Surf and Yoga or its Affiliates. All other marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name or trade names of Believe Surf and Yoga or its Affiliates.

DISCLAIMER OF WARRANTIES

Content available through this Website often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Believe Surf and Yoga spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Website for further information, which policies are incorporated by reference into these Terms of Service.

You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

INTERNATIONAL USE

TERMINATION

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

GOVERNING LAW

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of Costa Rica without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of Costa Rica.

CONTACT

If you have questions about these Terms and Conditions, please send an e-mail to info@surfandyogacostarica.com