The following agreement aims to inform our clients 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 clients about the regulations and security measures that must 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 to prevent any eventuality and be clear about the responsibility of each of the parties. The practice of ziplining involves the possibility of suffering minor or serious physical injuries and even death, therefore, it is a free and spontaneous decision on the part of the client to participate in said activity. In order to establish the terms and conditions of the zip line descent activity, the following parties agree:
- FIRST CLAUSE. Parties: The OPERATOR, who supplies the equipment and resources necessary for the development of the activities, including owners, employees, instructors, maintenance people, as well as suppliers of equipment and component parts of the facility; and the CUSTOMER, who for the purposes of this contract is called the PARTICIPANT.
- SECOND CLAUSE. Acceptance of risk responsibility: The participant declares to know that ziplining and all similar activities are sports that have an inherent risk and danger, which cannot be completely eliminated even when there is some degree of prevention, care, caution, 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 arise for which no liability can be derived from any of the parties, due to the fortuitous nature known to the participant. The participant accepts the risks and possible consequences that come with the 4x4 ski lift and zip line descent experience.
- THIRD CLAUSE. Term of contract: This contract is in force from the moment it is signed and remains in force for as long as the PARTICIPANT carries out the activities within this contract.
- FOURTH CLAUSE. Civil Liability Insurance: THE OPERATOR has contracted with the insurer Caser Accidents the Civil Liability Insurance policy Policy No. 1262569, with a civil liability for exploitation of €1.000.000 and for Berkeley Accidents with policy number 209057-1. with unlimited assistance that cover the value of medical services, the value of damages and losses that have been mentioned in this agreement.
- FIFTH CLAUSE. Illnesses: If the PARTICIPANT suffers from any illness or disease that prevents him or her from practicing ziplining or intentionally 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 to practice the activities, the participant must be mentally and physically sound, and it is prohibited to perform them under the influence of alcohol and/or psychotropic substances. During the entire activity, smoking is not allowed.
- SIXTH CLAUSE.- Minor participants: If the person who wishes to practice the activity is under 18 years of age, they must be accompanied or authorized in writing by their parents or guardians, who will sign this contract on behalf of the minor and will assume, after reading it, , in its capacity as guardian, any responsibility for the practice that the minor carries out in any of the activities mentioned here.
APPLICATION OR INTERPRETATION OF CONDITIONS: For all purposes not provided for in these general conditions, the considerations of the Spanish commercial legal system will apply. Both parties declare that they have read, understood and accepted the provisions of this agreement, and sign it in two copies at the place and date indicated below. OPERATOR: Tirolina Valle de Broto Ordesa SLU Registered as Adventure Tourism TA-HU-21-011 CIF: B-22418834 Address: C/La Iglesia nº3, Buesa, province of Huesca
COMPETITOR