Terms and Conditions
NuAdventure, is a sport/travel asd for a variety of travel adventures, events, activities, and travel (collectively referred to herein as “Adventures”). Contained herein are its terms and conditions (the “Agreement”).
NuAdventure makes every reasonable attempt to accommodate its customers. Alterations in itineraries are sometimes necessary/desirable. You agree nuAdventure has sole discretion and authority to alter the itinerary.
Rules and Regulations/Refunds/Delays and Cancellations
You agree to abide by all of the rules and regulations of NuAdventure and of the carriers/operators of your Adventure. Failure to do so is a material breach of this Agreement. Each carrier/operator may, for any reason, refuse to accept you for the Adventure. You understand this is outside NuAdventure’s control. Generally, full refunds are available in these situations. However, refunds are at the discretion of the carriers/operators.
Quoted prices are based upon the current taxes, fees, exchange rates and other economic considerations. Because of these and other variables, prices are subject to change, without notice.
Waiver of Warranties
BY SIGNING THIS AGREEMENT, YOU AGREE TO WAIVE ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. YOU AGREE THAT NuAdventure IS NOT THE WARRANTOR OF YOUR ADVENTURE AND DOES NOT WARRANT IT IS FIT FOR A PARTICULAR PURPOSE OR THAT IT OTHERWISE MEETS YOUR NEEDS AND DESIRES.
Policy of Personal Property and Valuables
You agree that NuAdventure will not be responsible for theft, loss or damage of personal property while traveling to, while traveling from, or while on your Adventure. Please use discretion when selecting personal items you want with you and when leaving personal items unattended.
Notification of Personal Risk
Adventures sold through NuAdventure (such as via ferrata, free diving, paragliding, camping, hiking, training, sup and more) use varying levels of physical effort. There are inherent risks resulting from such activities. In any type of activity of any nature, there is risk for injury, illness and bodily harm (including accidental death). Participation in any Adventures sold through NuAdventure involves risks, despite all safety precautions.
• I affirmatively represent that I am in sufficient physical and mental condition that will allow for participation in the Adventures I am/will/have purchased through NuAdventure.
• I agree to assume all risks and hazards incidental to my participation in any aspect of the Adventure purchased through NuAdventure, and to hold harmless NuAdventure, against any and all injuries, illnesses, costs, losses, damages and expenses (including attorney’s fees) which might result from my participation in any activities or events of whatever kind or character and without limitation.
• By signing this agreement I understand that I, for myself, am waiving any claims, liens, demands or causes of action, which I may now or in the future possess against NuAdventure, its employees, officers, or agents, arising out of or in any way related to my participation in any Adventure through NuAdventure of whatever kind, without limitation.
You are advised to provide yourself with adequate health insurance coverage. You are advised to consult with your health insurance carrier to ensure that you will be covered for injuries or illness related to your Adventure and in the locale of your adventure, as not all insurance coverage extends to all locations. You are further advised that NuAdventure suggest to insurance with www.worldnomads.
I further agree to assume and to indemnify and hold harmless NuAdventure from all suits, actions, proceeding, claims and assessments against NuAdventure, and the costs and expenses incurred by NuAdventure in the defense thereof, including reasonable attorney’s fees, incidental to or arising out of any negligent, wanton, reckless or intentional act I may be alleged to have committed.
Waiver of Punitive and Other Damages
Both parties agree that in any judicial, mediation or arbitration proceeding or any claim or controversy between or among them that may arise out of or be in any way connected with this Agreement or an Adventure, in no event shall any party have a remedy of, or be liable to the other for, (1) indirect, special or consequential damages or (2) punitive or exemplary damages. Each of the parties hereby expressly waives any right or claim to punitive or exemplary damages they may have or which may arise in the future in connection with any such proceeding, claim or controversy, whether the same is resolved by arbitration, mediation, judicially or otherwise.
Choice of Law/Venue
This Agreement shall be subject to and governed by the laws of Italy. Should either party institute a legal proceeding against the other, the parties agree that said proceeding will be brought in the State or Federal Courts whose jurisdiction includes County, Sardinia. All parties waive the right to object to the venue of a legal proceeding that complies with this provision.
This Agreement represents the Entire Agreement between the parties. The undersigned expressly agrees that he/she has not relied upon any oral representations.
Waiver of Jury Trial
PARTICIPANT, FOR MYSELF, HEREBY WAIVES THE RIGHT TO A JURY TRIAL-RELATED TO ANY CLAIM (1) MADE BY OR AGAINST NuAdventure, (2) THAT ARISE OUT OF THIS AGREEMENT OR, (3) THAT ARISE OUT OF MY PARTICIPATION IN ANY ADVENTURE.