The following agreement is intended to inform our customers about the obligations and duties of each of the parties, as well as the civil, contractual and extra-contractual liability that may arise from the provision of the zip line descent service. It is the responsibility of the company providing the service to inform customers about the regulations and safety measures to be followed in any activity. In turn, it is the clients' obligation to read, understand and comply with the stipulations and indications of this agreement in order to prevent any eventuality and to be clear about the responsibility of each party. The practice of zip-lining implies the possibility of suffering minor or serious physical injuries or even death, therefore, it is a free and spontaneous decision on the part of the client to participate in this activity. In order to establish the terms and conditions of the zip line descent activity, the following parties agree as follows:
- CLAUSE ONE. Parties: The OPERATOR, who supplies the equipment and resources necessary for the development of the activities, including owners, employees, instructors, maintenance personnel, as well as suppliers of equipment and component parts of the facility; and the CLIENT, who for the purposes of this contract is referred to as the PARTICIPANT.
- CLAUSE TWO. Acceptance of responsibility for risk: The participant declares to be aware that zip lining and all similar activities are sports that have an inherent risk and danger, which cannot be completely eliminated even if there is some degree of prevention, care, precaution, instruction or experience. The participant knows and understands the nature and extent of the risks involved in the activity contemplated in this contract. In these sports, unforeseen events may occur for which no responsibility can be derived to any of the parties, due to the fortuitous nature and known by the participant. The participant accepts the risks and possible consequences involved in the experience of the 4X4 and the zip line descent.
- CLAUSE THREE. Term of the contract: This contract is in force from the moment it is signed and continues in force for as long as the PARTICIPANT performs the activities under this contract.
- CLAUSE FOUR. Civil Liability Insurance: The OPERATOR has contracted with the insurance company Caser Accidentes the Civil Liability Insurance Policy No. 1262569, with an operating civil liability of 1,000,000 € and Berkeley Accidentes with policy number 209057-1. with unlimited assistance covering the value of medical services, the value of the damages mentioned in this agreement.
- CLAUSE FIVE. Illnesses: If the PARTICIPANT suffers from any illness or ailment that prevents him/her from practicing the zip line descent or fraudulently hides it or lies when answering about medical restrictions, THE OPERATOR is not responsible for the consequences that may arise from the practice of these activities. It is understood that in order to practice the activities, the participant must be in sound mental and physical health, and it is forbidden to perform them under the influence of alcohol and/or psychotropic substances. Smoking is not allowed during the entire activity.
- CLAUSE SIX.- Underage participants: In case the person who wishes to practice the activity is under 18 years of age, he/she must be accompanied or authorized in writing by his/her parents or guardians, who will sign this contract on behalf of the minor and will assume, after reading it, in their capacity as guardian, any responsibility for the practice that the minor performs in any of the activities mentioned herein.
APPLICATION OR INTERPRETATION OF CONDITIONS: For all effects not foreseen in these general conditions, the considerations of the Spanish commercial legal system shall apply. Both parties declare that they have read, understood and accepted the provisions of this agreement, and sign it in duplicate at the place and on the date indicated below. OPERATOR: Tirolina Valle de Broto Ordesa S.L.U. Registered as Adventure Tourism TA-HU-21-011 CIF: B-22418834 Address: C/La Iglesia nº3, Buesa, province of Huesca
PARTICIPANT