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A division of Swish Tours

          

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Booking rules, terms and conditions of tour participation:

General Terms

1) Booking must be received latest 24 hours before tour date
2) Tours are non-alcoholic and non-smoking
3) No fancy dress or stag groups
4) Bookings are confirmed within 12 hours by email
5) 2 x 33cl bottle water pr person are included
6) Meals are not included (cafes are available at destinations)
7) Refunds.
    If cancelled 7 full days before tour date = 100% refund
    If cancelled 2 days before tour date = 50% refund
    No refund for cancellation within 48 hours


Waiver of Liability, Assumption of Risks, Release & Indemnity Agreement

This is a binding legal document between Barcelona Beach Tours, hereafter referred to as “BBT,” and Barcelona Beach Tours clients(s) and groups hereafter referred to as “Client(s)”

The purpose of this agreement is to exempt, waive and relieve BBT from liability for personal injury, property damage, wrongful death or other claims that may result from Client(s) in the tours, sports and activities of BBT specifically beach tours with activities including snorkelling, sea kayaking, sailing, paddle boarding and other general water sports.

In consideration of being permitted to participate in any way in water sports and activities of water sports tours, and having voluntarily elected to participate, I/we, as Client(s) and as parent(s) or guardian(s) of Client(s) who is a minor, if applicable), covenant and agree:

1.1. RULES, TERMS AND CONDITIONS OF PARTICIPATION
I have read and understand the rules, terms and conditions of participation in BBT Tours (and have explained them to my minor Client(s) or group of Clients, if applicable) and will comply with them at all times. Management and/or professional guides, at their sole discretion, may terminate my/our participation at any time if I/we fail to abide by the rules, terms and conditions of BTT Tours. Management and/or professional guides also reserve the right to modify or cancel tours activities or trips due to unfavourable weather conditions or technical difficulties.

1.2. APPRECIATION OF RISK
I/we comprehend and appreciate that there are foreseeable, unforeseeable and inherent dangers and risks of harm involved in watersports. I/we acknowledge that the activities can be physically and mentally intense. I/we know and understand that the risk of injury from the activities is significant, including the potential for partial or total disability, paralysis and death, and while personal discipline can minimize this risk, the risk of serious injury does always exist. I/we acknowledge there is a risk that my/our personal property, including clothing, jewellery, equipment and the like, can be lost, damaged or destroyed.

I/we recognize that these risks and dangers include, but are not limited to, those arising from participating in an outdoor environment and exposed to the elements. I/we acknowledge that these risks may arise from the conditions and use of watersports equipment, including general strain injuries, exposure to the elements including the water and wind, colliding with, or being washed onto rocks, ledges, steep beaches, other people, marine animals or any other substance. I/we understand that these risks and dangers may be caused by my negligence or the negligence of others, including BBT staff.

I/we acknowledge and understand that included within the scope of this waiver and release is any claim or cause of action arising from the performance, or failure to perform, of any maintenance, inspection, supervision or control of said equipment and for the failure to warn of dangerous conditions existing during a BBT tour, for failure to maintain or inspect equipment supplied to me, for negligent selection or retention of certain BBT staff, or negligent supervision or instruction by BBT staff. I understand and agree that all of the risks and dangers described throughout this agreement, including those caused by my negligence and/or others, are included within the waiver and release described herein. I/we (and as parent(s) or guardian(s) of a Client who is/are minor, if applicable), KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN.

1.3. RELEASE & DISCHARGE
I/we, (and as parent(s) or guardian(s) of Client(s) who is/are minor, if applicable), HEREBY RELEASE, DISCHARGE AND HOLD HARMLESS BBT from and against any and all claims, liability and/or causes of actions I/we may have or that may be made on my behalf or by my/our spouse, children, heirs and legal representatives, for death, wrongful death, personal injury (whether physical, emotional and/or psychiatric or any combination thereof), loss of consortium, property damage and/or breach of contract or any other damage, occasioned by, arising out of or incidental to my participation in the activities of sea kayaking and paddle sports in general WHETHER OR NOT RESULTING FROM OR CAUSED BY NEGLIGENCE by, of and/or on the part of Client(s).

1.4. INDEMNITY
I/we shall indemnify BBT staff from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including legal fees, brought as a result of my/our participation (or that of my/our minor Client(s), if applicable) and to reimburse them for any such expenses incurred. I/we agree that this Agreement may be pleaded as a bar to any action, suit or proceedings taken at any time against any BBT staff member by me (or on behalf of my/our minor Client(s), if applicable).

1.5. SEVERABILITY
I/we (and as parent(s) or guardian(s) of a Client(s) who is/are minor, if applicable), further expressly agree that the foregoing waiver, assumption of risks, release and indemnity agreement is intended to be as broad and inclusive as is permitted by the Spanish law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

1.6. BINDING ON SUCCESSORS
This agreement binds the heirs, administrators, executors, personal representatives, dependants (if any) and successors of the Client(s) and ensures for the benefit of BBT, associated businesses & trading companies and its successors and assigns.

1.7. DEFINITIONS
BBT means Barcelona Beach Tours, its principals, directors, officers and employees, guides, instructors and all of its agents, representatives, affiliates, suppliers, or distributors. Client is the individual(s) or group members who participate in the sport and activities of water sports identified by NAME, ADDRESS, and TELEPHONE as submitted on Barcelona Beach Tours booking forms. For any Client(s) who is under the age of eighteen years, Client(s) encompasses Client(s) parents, guardians or legal representative.

SIGNATURES. I/WE HAVE READ AND DO VOLUNTARILY AGREE THE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISKS, RELEASE AND INDEMNITY AGREEMENT, and further state and agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made. I/we have also read, understood and agree to the rules, terms & conditions of BBT

The above stated Waiver of Liability covers all Client(s) and Client(s) groups members and by ticking the acceptance box in the BBT booking process I/we confirm that I/we have read and agree to the terms set forth above in this WAIVER OF LIABILITY, ASSUMPTION OF RISKS, RELEASE AND INDEMNITY AGREEMENT. Furthermore, I/we permit my dependent(s) and group member(s) to participate in watersports under the terms of the foregoing agreement.

The person making the booking must be the guardian of the minors under 18 years participating in BBT tours OR the person making the booking agrees that they have the permission of the said guardian of the minor to agree to the Waiver of Liability by ticking the box during the booking process

By ticking the acceptance box in the booking process I/we confirm that I/we have read the Terms & Conditions of tours and agree to pay on demand for any equipment issued that is damaged or not returned to BBT.

 

 

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