Terms and conditions

This is a courtesy translation of the Spanish original. In case of any discrepancy, the Spanish version at bayanocaves.com/terminos-y-condiciones/ is the binding one.

Release of Liability and Express Assumption of Risk for Recreational Activities

I, a natural person of legal age (18+), hereby accept and acknowledge that I have received full information regarding the dangers and risks inherent to the adventure activity I have purchased, and I understand that the trip to be undertaken could involve some risk to my physical and personal integrity, and to that of the minors accompanying me.

The inherent dangers and risks are present, but are not limited to:

1. The risk of injury from the activity, as well as the existing potential for permanent disability and death.
2. The possible failure of transport, whether by its own cause or that of other persons.
3. Being an outdoor activity, there are risks related to exposure to elements such as extreme heat, hypothermia, bodily impact with the water, the entry of water through body orifices, tripping over natural or man-made objects, exposure to animals with the risk of receiving blows, bites, frights, or unexpected flight causing harm and/or death.
4. My own negligence and/or the negligence of others, including but not limited to an error by the company director or the guide in decision-making regarding a misjudgement of the weather, the route, the course of the river, river surges, and the location of the route.
5. Encountering or being attacked by animals such as insects, reptiles and others.
6. Accidents or ailments occurring in remote places where there are no immediate medical care facilities.
7. Fatigue, colds and/or dizziness, which could reduce my/our reaction time and increase the risk of an accident.
8. Damage to or loss of luggage or any other personal item.
9. Allergy or poisoning from the consumption of the food and drink provided.
10. Consequences of acts carried out under the effect of the improper and irresponsible consumption of alcoholic beverages on the premises.

I UNDERSTAND THAT THE DESCRIPTION OF THESE RISKS IS NOT COMPLETE AND THAT UNKNOWN OR UNANTICIPATED RISKS COULD GIVE RISE TO HARM OR ILLNESS AND ARE INTRINSICALLY LINKED TO THE ACTIVITY BEING PRACTISED. I THEREFORE DECLARE THAT I RELEASE THE COMPANY AND THE MEMBERS OF BAYANO CAVES FROM LIABILITY FOR ACCIDENTS OR DEATH, AND I ALSO DECLARE MY WAIVER OF CLAIMS AND MY AGREEMENT TO INDEMNIFY.

Taking into consideration my wish to be admitted to participate in the activities described above, I declare that I agree, accept this, and give thanks in advance.

I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY HARM, INJURY, DISABILITY, DEATH, loss or damage to a person or property, WHETHER CAUSED BY NEGLIGENCE OR NOT. By means of this document I release from all liability the persons or entities named below:

• I release from all liability the officers, directors, employees, representatives, agents, volunteers, guides and all those connected with the company, from any culpability or causes of action that I, my property, heirs, survivors, executors or assignees might bring for personal injury, property damage, or wrongful or lawful death arising from the aforementioned activity, whether through active or passive negligence. By signing this document, I agree to keep the company BAYANO CAVES free from any action that could harm it, and to indemnify it in connection with any injury, disability, death, harm to a person or property, material loss, or any situation that could occur as a result of participation in the activities mentioned above.
• In accepting this agreement, I do not rely on any oral or written representation or statement made by the issuers, other than those set out in this contract.

This agreement shall be binding to the fullest extent permitted by law. If any provision of this notice is held to be unenforceable, the remaining conditions shall apply.

I HAVE READ THIS LIABILITY AND ASSUMPTION OF RISK CONTRACT, AND I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE WAIVED LEGAL RIGHTS BY SIGNING IT, WHICH I SIGN FREELY AND VOLUNTARILY WITHOUT ANY PERSUASION. BY PARTICIPATING IN THE TRIPS ORGANISED BY BAYANO CAVES, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD AND AGREED TO BE PARTY TO THE FOREGOING WAIVER.

Authorisation for the use of image

1. I declare that I authorise BAYANO CAVES and its members to use my image, my voice and/or reactions, in whole or in part, so that they may be published and/or incorporated for advertising purposes solely on social media, including but not limited to Instagram, Facebook, YouTube, Twitter and any others determined by BAYANO CAVES, such use also being possible within the framework of other campaigns of public interest generated hereafter within the scope of BAYANO CAVES. For its part, BAYANO CAVES undertakes to use your image, your voice and/or reactions, in whole or in part, only in an honest manner, within the bounds of respect and on a non-profit basis. It undertakes that they will be used solely as a means of promoting the company.
2. To that end I authorise BAYANO CAVES, during the broadcast of the advertising, to include and edit the image, and to carry out any other act aimed at publishing the content, without restrictions or time limits, and without limits as to the media used for its reproduction and/or dissemination.
3. I expressly record that by means of this document I assign to BAYANO CAVES, free of charge, the right to publish my image on social media, including but not limited to Instagram, Facebook, YouTube, Twitter and any others determined by BAYANO CAVES.
4. I understand that these same terms apply to the minors in my care, and I authorise the use of their image in the same manner and under the same terms.

COVID-19 clause

1. I declare that at the time of the trip, I and my companions are completely free of COVID-19 symptoms, and that should we present symptoms in the days before the date, or on the date of the booking itself, we will not attend the trip.
2. I undertake to comply with all biosafety measures (constant use of a mask, maintaining social distancing, using disinfectant, temperature checks, etc.) during the trip and to follow the guides' instructions regarding them, understanding that the minors in my care must also comply with them.
3. I understand that although BAYANO CAVES does everything possible to comply with biosafety measures, exposure to COVID-19 is a risk in any public place where other people are present, and therefore they cannot guarantee that people will not be exposed during the visit. I therefore waive any claim or action of any nature against the company BAYANO CAVES relating to possible COVID-19 infection during the trip.

Protection of personal data

BAYANO CAVES, in compliance with Law 81 of 26 March 2019 on the Protection of Personal Data, informs you that the information provided by the USER through any of the forms on the WEBSITE will be included in one or more files under the responsibility of BAYANO CAVES, used solely to keep a record of the persons attending the trip. It therefore undertakes not to disclose any information provided by the USER as far as possible, in the knowledge that, being data on the internet, it may be hacked; in such a case BAYANO CAVES disclaims responsibility for what happens to that data.

Acceptance

By accepting these Terms of Use, the USER declares: that they have read, understand and accept what is set out here; that they assume all the obligations and responsibilities set out here for themselves and for the minors accompanying them; that they have the physical and mental capacity to undertake the trip of their own free will, as do the minors accompanying them. I understand that BAYANO CAVES reserves the right of admission should it consider that the person and/or their companions are not fit to undertake the trip.

By voluntarily providing your details on the booking form, the Terms and Conditions are accepted and the release of liability takes effect automatically.