GENERAL TERMS AND CONDITIONS OF BOOKING
By booking or participating in a tour or activity and any related products or services (Tour) with Rockid Ibiza SL, you agree to these Terms & Conditions.
By booking a Tour, activity or service you acknowledge that you have read, understand and agree to be bound by these terms. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these terms on behalf of the other participants in your party.
1. THE BOOKING CONTRACT
Your booking is confirmed and a contract exists after confirmation of receipt of the applicable deposit amount. You must be at least 18 years of age to make a booking. You agree to provide full, complete and accurate information to Rockid Ibiza SL.
2. BOOKING ON BEHALF OF OTHERS
By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your Tour booking, notifying Rockid Ibiza SL if any changes or cancellations are required and keeping your party informed. By booking on behalf of another person or persons, you represent and warrant that you have obtained all required consents. You are responsible for verifying that any information you provide on behalf of another participant is complete and accurate and Rockid Ibiza SL will under no circumstances be liable for any errors or omissions in the information provided to complete a booking.
3. REQUIRED MEDICAL INFORMATION
You must provide any medical information reasonably requested by Rockid Ibiza SL and may be required to complete their medical information form. Medical Forms are mandatory for certain Tours. If you have any preexisting medical conditions which may impact your ability to participate in a Tour, travel to remote areas without access to medical facilities or may adversely affect the experience of others on your Tour, you must inform Rockid Ibiza SL in advance. Rockid Ibiza SL reserves the right to deny you permission to participate in any aspect of a Tour at any time and at your own risk and expense where Rockid Ibiza SL determines that your physical or mental condition renders you unfit for participating or you represent a danger to yourself or others. Pregnancy is considered a medical condition and must be disclosed to Rockid Ibiza SL at the time of booking. Rockid Ibiza SL may refuse to carry pregnant women over 24 weeks. In the event that you do not provide the required medical information reasonably required by Rockid Ibiza SL for any reason, Rockid Ibiza SL reserves the right to cancel your booking and all applicable cancellation fees will apply. You are responsible for assessing whether a Tour is suitable for you. You should consult your physician to confirm your fitness for participation in any planned activities. Rockid Ibiza SL does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the Tour based on your own unique circumstances, limitations, fitness level and medical requirements.
4. SPECIAL REQUIREMENTS
Any special requirements must be disclosed to Rockid Ibiza SL at the time of booking. When food is involved all food allergies and dietary restrictions must be disclosed to Rockid Ibiza SL at the time of booking, but Rockid Ibiza SL cannot guarantee that dietary needs or restrictions can be accommodated.
5. AGE REQUIREMENTS
Anyone under the age of 18 on the date of the tour or activity is considered to be a minor. Minors must always be accompanied by an adult. One adult may accompany up to four minors. Unless otherwise indicated the minimum age for minors participating on any Tour is 10 years old. Each adult on a booking with a minor or minor(s) is jointly and severally responsible for the behavior, wellbeing, supervision and monitoring of such minor(s), and jointly and severally accepts these Terms for and on behalf of any minor(s) on their booking, including all assumptions of risk and limitations of liability. Rockid Ibiza SL does not provide care services for minors and expressly disclaims any responsibility for chaperoning or controlling any minor(s).
6. MANDATORY INSURANCE REQUIREMENTS&RISK YOU MUST HAVE YOUR OWN MEDICAL INSURANCE.
This insurance must cover personal injury and emergency medical expenses. Your booking is made on the basis that you accept that the activity you have chosen involves risk, and that you accept responsibility for your actions associated with those risks on the basis that, although it cannot be eliminated completely, risks will be managed by your instructor in line with current best practice, and that you will follow instructions given to you by the instructor. Your safety is your responsibility and, although Rockid IBIZA SL has a liability insurance for all activities, you must ensure you are covered by your own medical insurance prior coming to the tour or activity. If you are under the influence of drugs or alcohol, you cannot participate in the activities. Rockid Ibiza SL does not accept liability for any other costs incurred in association with travel or accommodation or any loss or damage of property in connection with your activity, unless it is caused by negligence on the part of instructors. If you are concerned about this please take out extra insurance. Any participant in water based activities should be able to swim at least 50 meters. If booking on behalf of an organization or group you accept that you have a duty of care to ensure that your group are aware of the risk nature of the activity and that they accept this in line with terms and conditions laid out. Correct clothing and footwear must be worn. Instructors reserve the right to remove participants from the group if they do not have the correct kit. This is for your safety and comfort. Instructors reserve the right to remove participants from activities where their behaviour is unacceptable.
7. PRICES, SURCHARGES AND TAXES
The given price of the Tour or activity and any products or services offered by Rockid Ibiza SL is subject to change at any time, before or after booking confirmation, up to 30 days before booking. Tours are priced and advertised exclusive of applicable sales taxes. After a confirmation invoice has been issued by Rockid Ibiza SL, Rockid Ibiza SL reserves the right to impose surcharges on any products or services booked for reasons arising from increases of prices by providers, in transportation costs, fuel costs, dues, taxes or fees chargeable for services; provided however, Rockid Ibiza SL will only do so where the increase in question is greater than 2% of the original price paid for the products or services (excluding add-ons, insurance, and taxes). Upon learning of the necessity to impose a surcharge in accordance with this section Rockid Ibiza SL will provide notice to you as soon as reasonably possible. Where the increase in price is greater than 7% of the original price of the applicable products or services (excluding add-ons, insurance and taxes), you may choose to either: (a) cancel the applicable booking without incurring any penalty; or (b) accept the change of price. You must notify Rockid Ibiza SL of your choice within 14 days of receipt of notice of the increase or you will be deemed to have accepted the price change and will be liable for payment of the increase. From time-to-time the Rockid Ibiza SL may offer reduced pricing on certain products or services. Reduced pricing applies only to new bookings. Bookings where payment of at least a deposit has been received by Rockid Ibiza SL are not entitled to reduced pricing.
8. FINAL PAYMENT
A 50% deposit is required in order to secure your booking. A booking is only confirmed once the booking deposit and completed booking form has been received. A provisional booking can be made by phone or via email but is not confirmed until a deposit has been received. Outstanding balances must be paid at least 14 days prior the date of the tour or activity.
9. CANCELLATIONS BY ROCKID IBIZA SL
Rockid Ibiza SL reserves the right to cancel tours, events or activities on the very rare occasions when they judge that conditions make this necessary (Force majeure). In these circumstances a full refund or an alternative date will be offered. Rockid Ibiza SL reserves the right to modify tours and activities in line with prevailing weather conditions or limitations necessary due to client fitness. If a Tour is cancelled by Rockid Ibiza SL before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from Rockid Ibiza SL: (a) a substitute Tour or activity of superior value; or (b) a substitute Tour of lesser value if no Tour of equivalent or superior value is reasonably available (c) a full refund of all monies paid for the cancelled Tour.
10. CANCELLATIONS BY YOU
Cancellations by you will usually result in the loss of the down payment. If the cancellation is made with more than 28 days before the activity date, then Rockid Ibiza SL will attempt to rebook the days with other clients. If successful a refund will be given minus any payment processing charge or costs made so far. If the cancellation is received later than 4 weeks prior to the Tour, activity or event, 25% of the price is charged. If the cancellation is received later than 2 weeks prior to the booking date, 50% of the price is charged. If you cancel later than 48 hours prior to booking date, the full price will be charged. No liability is taken by Rockid Ibiza SL or its providers.
11. CANCELLACIONS ON BEHALF OF OTHERS (AGENCY OR BROKER)
Cancellations by you will usually result in the loss of the down payment. If the cancellation is made more than 2 months prior to the activity date, then Rockid Ibiza SL will attempt to rebook the days with other clients. If successful a refund will be given minus any payment processing charge or costs made so far. If the cancellation is received later than 4 weeks prior to the Tour, activity or event, 50% of the price is charged. If the cancellation is received later than 2 weeks prior to the booking date, 100% of the price is charged. No liability is taken by Rockid Ibiza SL or its providers.
12. ACCEPTANCE OF RISK
You acknowledge that adventure tours and the products and services offered by Rockid Ibiza SL may involve a significant amount of risk to your health and safety. By booking with Rockid Ibiza SL you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases Rockid Ibiza SL from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in participating in adventurous activities such as offered by Rockid Ibiza SL. You are responsible for any costs (including repair and replacement) incurred by Rockid Ibiza SL or Rockid Ibiza SL’s suppliers for property damage, destruction or theft caused by you while on a Tour. You agree to take all prudent measures in relation to your own safety while on Tour including, but not limited to, the proper use of safety devices (including seatbelts, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither the Tour nor its Third Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings.
12. ROCKID IBIZA SL IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
Rockid Ibiza SL makes arrangements with accommodation providers, activity providers, boat companies, food and beverage companies, transfer operators, car companies, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although Rockid Ibiza SL takes all reasonable care in selecting Third Party Suppliers, Rockid Ibiza SL is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their Terms and conditions. These may limit or exclude liability of the Third Party Supplier. Rockid Ibiza SL is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers.
Rockid Ibiza SL is released and discharged from all liability or claims you may have for any property damage and loss, personal injury, emotional distress, illness, disability, and death, related to your (or your child’s) participation in the Tour or activities or use of any equipment or facilities by a provider. This release is for any type of claim, including breach of contract, fraud, or any other type of suit and includes losses alleged to be caused by the negligence of Rockid Ibiza SL to the fullest extent permitted by law, but does not include claims for gross negligence.
14. IMAGES AND MARKETING
You agree that, while participating in any Tour, images, photos or videos may be taken by other participants, Rockid Ibiza SL or it’s representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to Rockid Ibiza SL, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
16. APPLICABLE LAW Any conflict about these terms and conditions shall be governed by Spanish law.
17. AMENDMENTS Rockid Ibiza SL reserves the right to update or alter these Terms at any time, and will post the amended Terms on Rockid Ibiza SL’s website at www.rockidgroup.com. Any amendment will take effect 10 days after being posted to Rockid Ibiza SL’s website. An up to date copy of these Terms, as amended, will be sent to you upon written request. You are deemed to have accepted any amendments to these Terms on the date that is 14 days after their posting on Rockid Ibiza SL’s website.