Conditions of Carriage

THESE CONDITIONS OF CARRIAGE GOVERN THE RELATIONSHIP, RESPONSIBILITIES AND LIABILITIES AND ARE BINDING AS BETWEEN ALL PARTICIPANTS OF THE CLIENT AND THE SERVICE PROVIDER AND ALL ASSOCIATED CARRIERS. THEY AFFECT YOUR LEGAL RIGHTS TO SUE, GOVERNING LAW, FORUM AND JURISDICTION AND CONTAIN CERTAIN LIMITATIONS OF LIABILITY, INCLUDING LIMITATIONS RESPECTING INJURY TO OR DEATH OF PASSENGERS AND LOSS OF OR DAMAGE TO LUGGAGE. BY ACCEPTING AND USING THIS TICKET, ALL PARTICIPANTS AND THE CLIENT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU WILL WAIVE CERTAIN LEGAL RIGHTS, ACCEPTING TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.

These Conditions of Carriage apply together with our Terms and Conditions.

1. DEFINITIONS

“Ticket” means this entire document including all its terms and conditions of carriage.
“Carrier” means the owner and/or any charterer and/or operator and/or manager of the Vessel or Vehicle or any other person, to the extent that it acts as carrier or performing carrier.
“Luggage” includes all property brought on board the vessel or vehicle by a passenger.
“Vessel” means the ship or aircraft named in the ticket or substituted for the journey.
“Vehicle” means the car, transport or bus named in the ticket or substituted for the journey.
“Organiser” refers to the entity with which the passenger has entered into a contract.
“Participant” includes every person, employee or otherwise, of the client using the ticket.
“Eat Sleep Cycle” and “Service Provider” means Eat Sleep Cycle S.L., and its subsidiaries, affiliates, and related companies including, but not limited to, Eat Sleep Cycle S.L. (Carrer Vern 3, 17004 Girona, Spain, NIF: B55305734), and their respective directors, officers, employees, subcontractors, suppliers, agents, guides, volunteers, independent contractors, representatives, owners, insurers, successors, and assigns.
“Activities” include but are not limited to: hiking, cycling (including and not limited to: road cycling, gravel cycling, group cycling, solo cycling, mountain biking, downhill), horse-riding, canyoneering, caving, hot air balloon rides, acrobatics, white water rafting, travel in boats, jet boats, speed boats, sailing, swimming, surfing, paragliding, travel in public and private vehicles to and from activities.

2. ACTIVITIES

Participants understand and accept that the physical exertion required to participate in the Activities can activate or aggravate pre-existing injuries, conditions, or congenital defects.
Participants understand and accept that they should seek medical advice if they know or suspect that their physical condition may be incompatible with the Activities.
Participants understand and accept that they are required to wear approved safety equipment while participating in certain Activities. Participants also understand and accept that there are guides and instructors available to answer any questions they may have as to the proper use of any equipment.

3. ASSUMPTION OF RISKS

Participants understand and accept that the Activities involve many risks, dangers and hazards which may include but are not limited to:

personal injury and/or death;
changing weather conditions;
interactions or encounters with wildlife;
equipment malfunctions;
negligence of other participants or guides;
negligence on the part of Eat Sleep Cycle, including failure to safeguard or protect from the risks or dangers of the Activities;
consumption of alcohol;
collisions with vehicles, equipment, or structures.

4. ALCOHOL AND ILLEGAL SUBSTANCES

Participants understand and accept that if they use, consume, or are under the influence of alcohol or illegal drugs prior to or while engaging in the Activities, they assume and accept all risks, dangers and hazards that may result from this including the possibility of personal injury, death, property damage and loss, even in the event of negligence or fault by Eat Sleep Cycle or third parties, and will indemnify Eat Sleep Cycle from any and all liability for any damage to property or personal injury to any third party resulting from their participation in the Activities while, during, or after consumption of illegal drugs or alcohol.

5. RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

Participants understand that, in consideration of Eat Sleep Cycle allowing them to join in the Activities, they accept the following.

In the event that the Participant, or their next of kin, suffer any loss, damage, expense, or injury from the Participant’s participation in the Activities, including those caused by the risks specifically outlined in these Conditions of Carriage, the Participant and the Client agree to waive any and all claims that the Participant has or may have in the future against Eat Sleep Cycle and to release Eat Sleep Cycle from any and all liability, and to hold harmless and indemnify Eat Sleep Cycle from any and all liability for damage to property or personal injury to any third party resulting from the Participant’s participation in the Activities.

These Conditions of Carriage shall be effective and binding upon the heirs, next of kin, executors, administrators, assigns, and representatives of the Participant, in the event of the death or incapacity of the Participant.

6. FORCE MAJEURE

The Service Provider is not liable for delays or non-performance due to events beyond its control, including war, terrorism, natural disasters, mechanical failures, strikes, or pandemics.

7. NO GENERAL AVERAGE

No general average contribution applies to passengers.

8. NO EMOTIONAL DAMAGES

The Service Provider is not liable for emotional distress unless tied to physical injury or intentional harm.

9. LAW AND JURISDICTION

This Agreement and any rights, duties, and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the Courts of Catalonia and no other jurisdiction.

Any litigation involving the parties to these Conditions of Carriage shall be brought solely within the Courts of Catalonia, Spain and shall be within the exclusive jurisdiction of the Courts of Catalonia, Spain.