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 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 a risk for injury, illness and bodily harm (including accidental death). Participation in any Adventures 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.
In order to participate to the activities purposed by NuAdventure asd respecting the following rules:
1. Respect the rules given by the organization:
⁃ The board, paddle and leash can’t be given to another person
⁃ Who uses the equipment during Sup activities, Paragliding activity, Yoga, Trail, Camp (tour, rent, lessons) is economically responsible for damages, thefts or loss of any part of the equipment (board, paddle, leash, life jacket etc.)
⁃ On the board can go maximum two people at a time, but the 2nd must sign this document too
⁃ Don’t stand next to the rocks
⁃ Don’t paddle out of the visible area of the bay if you are not accompanied by the instructor on the specific tours.
2. Take care of the equipment used during the activities
3. To be in good physical and psychological conditions that will not compromise the above-mentioned activities*
4. Have a medical certificate that states a good physical condition and allows me to participate in non-competitive sports activities.
5. Be aware of the risks, predictable and unpredictable, connected to the activity practice, even though not considering it a potentially dangerous activity.
6. Accept from now any responsibility related to my person for damages caused to my person or other persons, damages to things, caused by my own behavior not in compliance to rules, neither for my heirs, and to relief NuAdventure ASD, its collaborators, employees, and their whole heirs, from any responsibility for injuries, death and any damage (even caused to third party), if it comes from my person in occasion and in consequence of the activity practiced by the Association.
7. Look after my personal belongings, NuAdventure asd is not responsible for any loss or theft.
* To the effects of the. 1341 e 1342 of the italian Codice Civile, I declare to approve the following points of the present writing:
. To be in good physical and psychological conditions that will not compromise the above-mentioned activities
. Have a medical certificate that states a good physical condition and allows me to participate to non-competitive sport activities.
. Be aware of the risks, predictable and unpredictable, connected to the activity practice, even though not considering it a potentially dangerous activity.
. Accept from now any responsibility related to my person for damages caused to my person or other persons, damages to things, caused by my own behavior not in compliance to rules, neither for my heirs, and to relief NuAdventure ASD, its collaborators, employees, and their whole heirs, from any responsibility for injuries, death and any damage (even caused to third party), if it comes from my person in occasion and in consequence of the activity practiced by the Association.
Emergency Response Procedure Of NuAdventure
As an operator of adventure tours in both the sea and land environment, it is imperative that NuAdventure has a well designed Emergency Response Plan working with the authorities and NuAdventure guides.
NuAdventure’s emergency response procedure is evaluated and improved year by year. NuAdventure recognises different incident levels.
Resolved immediately by the guide and the tour continues as normal.Examples: cut or abrasion requiring cleaning and dressing, but no stitches; twisted knee or ankle, dehydration, which does not prevent the customer from continuing after treatment.
Any incident requiring a person (guest or staff) to leave the tour. The person can get out by themselves with some support. Inform an Operations manager as necessary. Complete Incident Form.
Examples: injured knee or ankle, customer can walk out with help, use of a stick etc; cut or injury which requires visit to doctor for cleaning or stitching; diarrhea/vomiting where customer can walk out with assistance.
Serious incident requiring full support from the local office to evacuate an injured/sick person, who cannot get out by themselves. Contact the Operations manager as necessary. Complete Incident Form.
Examples: injured ligament, fracture, other injury where person cannot walk and has to be carried; ; suspected heart problems etc.
In the cases of any small, local incident, the tour guide will provide any emergency first aid, ensure the safety of other guests and staff, and rapidly call the team.
Operations Managers will immediately provide the logistics required by the particular incident. They will call for a doctor and ambulance, inform NuAdventure Directors and local authorities as required.
Procedures are in place to deal with possible drowning, fractures, fatalities etc. in these cases, the victim will be evacuated to hospital as rapidly as possible.
At the conclusion of the incident, an incident form will be completed and reviewed by NuAdventure Managers and Directors.
As there are inherent risks in all adventure activities, NuAdventure has many procedures in place to reduce all risks and hazards. The emphasis is always on ‘prevention is better than cure’. Which means it is better to prevent any incident rather than having to deal with it. To this end, NuAdventure has established safety rules and requirements for all staff and customers. These preventionss include, but are not limited to:
- Give a clear safety briefing before the journey.
- Check guests shoes and clothing before the activities
- Tour guides and assistants stay with the guests all time during activity (SUP, trekking etc…)
- First aid kits are carried at all times with the group.
- Guides and assistants receive regular first aid training.
- Guides report back any issues to the NuAdventure team after every tour.
- Weather forecasts are checked at all times, and itineraries adjusted accordingly.
These are just some of the many ways in which NuAdventure endeavors to prevent any untoward incidents occurring on adventure tours.