TERMS AND CONDITIONS POLICY

Transcription

1 TERMS AND CONDITIONS XIELO PARACAIDISMO SAS - XIELO SKYDIVING SPORT CLUB TERMS AND CONDITIONS POLICY Terms and conditions of XIELO Welcome to XIELO! Xielo Skydiving SAS is a Colombian company dedicated to sports and recreation education, cataloged as one of the few skydiving companies with international safety standards in Colombia, we provide our parachuting services ("Services"), through the sports club PARACAIDISMO XIELO, private law body with sporting recognition of the District Institute of Recreation and Sports. Our instructors have international certifications, which have allowed them to fully operate since December Our school was the first in Colombia, which applied the international knowledge of skydiving so that this sport develops and grows in a safe and professional way. We currently operate in areas of Cartagena de Indias and Flandes Tolima. By using our Services YOU AGREE TO THESE TERMS AND CONDITIONS in regard to the use of our website and in general to the practice of parachuting with our club and with the company. Given the diversity of our activities, additional conditions or other requirements (including age, health and experience requirements) may sometimes apply. Please read them carefully. ABOUT INSURANCE REQUIREMENTS TO YOUR JUMP Weight: Weight limit: 120 kilos per person. If you weigh over 90 kg you will have to pay an additional amount for each extra kilo up to 120 kilos. Health:

2 It is totally prohibited to make any kind of jump out of a plane under the influence of alcohol or drugs. If you have any special health condition you should consult with your treating physician and show the certificate endorsement for such activity and under this heading, you will jump completely under your responsibility. There are certain drugs that even when taken on prescription could significantly reduce physical and/or mental faculties which in turn could affect the safety of the jump, which means that you should not make parachute jumps without first consulting your doctor who prescribed this medicine. To make the jump with our club and company you must sign exoneration where you agree to be in good health without any medical restrictions to jump. Reticence or concealment inaccuracy of facts or circumstances involving an objective aggravation of risk for your health will be solely your responsibility. ABOUT THE REQUIREMENTS TO MAKE YOUR SALTO SAFE Colasistencia Insurance: You will be insured by Colasistencia

3 IF ALL RISK INSURANCE IS NECESSARY, PLEASE NOTE THAT REPORTS ARE ONLY ACCEPTED ON THE DAY OF THE EVENT, IF YOU MAKE THE REPORT DAYS AFTER, YOU WILL NOT BE COVERED BY ANY SERVICE. READ THE ATTACHED COLASSISENCE FILE. Age: 18 years of age and older. If you are under age: 12 to 17 years old must: - If you are without parents present with a letter of authorization from both parents and legal representative authenticated by a notary. - If you are with just one of your parents: show up with a letter of authorization from the parent, authenticated by a notary. - If you are with both parents show up with a letter of authorization signed otherwise they may sign in the drop zone. - We will have to measure the harness to see that it can be adjusted to the size of the child. Additional points: Wear comfortable clothes for warmth, (sweatshirt, shorts etc.), V or round neck t- shirts (No polo shirts), tie trainers. Repellent, sunscreen, bathing suit if desired. Do not wear accessories during the jump: (large or long earrings, round earrings, chains, watches, bracelets, rings, expansion, cell phones, cameras). ARRIVE WITH AN ADVANCE TIME TO THE SHIFT ASSIGNED FOR JUMPING. Carry the print or digital reservation. Bring your citizenship card, passport or legal identification document. If you go as a couple or in a group, due to logistics, organization and quotas, it is not guaranteed that everyone will jump at the same time or that they will be on the same flight. Do not consume liquor or any type of medicine or substance prohibited on the day of the jump. The guava and the trasnocho can make you have a hard time during the day, we recommend that you rest and after your jump we will celebrate together...

4 ABOUT CANCELLATIONS AND VARIABLES XIELO will have all its energies, equipment, personnel and logistics to attend the itinerary and scheduled reservations, however, you agree to know and be informed of the following variables or unforeseen circumstances of force majeure or unforeseeable event that can cancel the jump operation, in such a way that these situations exonerate XIELO of responsibility: TO THE EXTENT OF THE POSSIBLE IT WILL BE TREATED TO COMPLY WITH THE SCHEDULED JUMPING HOUR, BUT SHOULD HAVE IN MIND THAT WE DEPEND ON MANY FACTORS TO GIVE STRICT COMPLIANCE TO THE ESTABLISHED SCHEDULES. o Do not cover the minimum number of people to perform the jump operation. o Air restraint, by presidency and/or military operations, air emergencies. o Technical failures of the airplane. o Lack of aircraft fuel at the airport. o Restriction on permissions and authorizations of the Civil Aeronautics. o Public order problems o Weather: rain, clouds (visibility), strong winds, storms approach. o Pilot disease just before or during the operation. o Restriction of the Navy by the Hercules or any other aircraft at Santiago Vila Airport o Restriction of the Air Force for its operations. On the other hand, you agree to know and be informed that any cancellation or postponement of the jump must be made before 2 business days to the scheduled date. TO MAKE CANCELLATIONS OF JUMP YOU SHOULD SEND US AN REQUESTING THE CANCELLATION, BEFORE THURSDAY PRIOR TO YOUR JUMP, REGARDLESS IF YOU HAVE NOT ARRIVED THE OF CONFIRMATION OR OTHERWISE WE WILL RUN THE FINE THAT IS TWO HUNDRED TWENTY THOUSAND PESOS PER PERSON ( 220,000) COP.

5 On the other hand, you agree to know and be informed that any cancellation or postponement of the jump must be made within 2 business days of the scheduled date. YOU SHALL HAVE TO ASSUME THE COST OF THE ADMINISTRATIVE EXPENSES OF THE PILOT AND OF THE SEAT IN THE PLANE XIELO HAD RESERVED FOR THE JUMP OPERATION if you: o o o o Do not postpone within the expected term. Does not cancel within the expected term. Do not meet the schedule. Do not show up the jump. Likewise, you agree to know and be informed that once you board the plane, YOU WILL AUTOMATICALLY BE CHARGED THE ENTIRE COST OF JUMP, regardless of whether or not you decide to jump off the plane. ABOUT THE DELIVERY OF VIDEOS AND PHOTOGRAPHS: The four (4) photos included in the Tandem jump will be uploaded to an album on our XIELO Fan Page on Facebook with additional download option on Google within 10 business days of the jump. If the delivery of the video is in the area: - Two hours after the landing, a DVD data disc will be delivered with your video in MP4 format. - If you forget to claim your video in the area; You must write an to: edicion@xielo.co for it to be sent in a link; This option will take up to 10 business days. If the delivery is by mail: - Handycam videos, videos and photos from external camera will be delivered 10 business days after the jump, in a link via . There is an EXTERNAL CAMERA additional service, in which another skydiver (expert cameraman) will film and take photographs of the whole experience, capturing the best moments and the landscape of the area you decide to jump to. If the external camera service is taken with photographs, from 10 to 20 photographs will be sent published in 10 working days in a link to the registered mail.

6 IMPORTANT: The pictures and videos will have a deadline of 2 weeks to be downloaded and they will be stored for one month after sending the mail to the tandem passenger. After this time XIELO IS NOT RESPONSIBLE FOR THE LOSS OF VISUAL MATERIAL. As for video and photo cameras, digital and electronic devices are susceptible to failure, in such an event you agree to refrain from any claim against Xielo Parachuting -Sports Club and Society- and their instructors, Editor and everyone in the exoneration signed before jumping.through this document, you agree that you have read the delivery parameters, therefore, it will be your responsibility downloading them within the stipulated and previously reported time. Similarly, you agree and state that the photos and videos or any other type of audiovisual material obtained in the development of the agreed parachuting activities, are owned by the company and sports club service provider, due to this reason they can be used by the provider of the service with advertising, commercial, business, educational or other purposes determined by it, without any consideration. Also, you agree that you will receive a video production edited but not the original material. In case of any inconvenience with the video we offer three (3) options and you must choose only one of them, since the service is provided successfully and without setbacks: 1. You will be returned 50,000 pesos which is what corresponds to the video 2. Or have the option to repeat the jump paying 250,000 pesos and jump with the same instructor. 3. Or we will give you a discount bonus in a jump and you will only have to pay 450,000 pesos for the person you indicate to be the one who acquires the service only once. 4. You must tell us in the jump area or by mail which option you are going to choose and we will send the confirmation by return mail. OUR WARRANTIES AND DISCLAIMERS We provide our skydiving services with a high level of professionalism, safety, and care, and we hope you enjoy and have one of the best experiences in your life. But there are certain situations that we do not promise.

7 NOR XIELO PARACAIDISMO SAS OR ITS COMMITTEE AND ITS OFFICERS, OR INSTRUCTORS, AND ORGANIZERS OF EVENTS OR OWNERS OF AIRCRAFT AND PREMISES OR XIELO PARACAIDISMO SPORTS CLUB OR MANAGERS AND ADMINISTRATORS ARE LIABLE FOR RISKS AND HAZARDS, ACCIDENTS AND / OR CONTINGENCY OCCURRING RELATED WITH YOUR LEARNING AND / OR PRACTICE OF PARACHUTING, YOU HAVE DETAILED KNOWLEDGE THAT LEARNING AND / OR PRACTICE OF PARACHUTING IS A HIGH-RISK ACTIVITY, CIRCUMSTANCE IN WICH YOU ACCEPT TO RUN ON YOUR OWN. SIMILARLY, YOU ASSUME FULL RESPONSIBILITY FOR THE RELUCTANCE OR, EITHER GUILTY OR GUILTLESS INACCURACY BY MISTAKE FROM THE SIGNER OF THIS DOCUMENT, AS WELL AS CONCEALMENT OF FACTS OR CIRCUMSTANCES INVOLVING OBJECTIVE AGGRAVATION OF RISK. WE EXCLUDE ALL WARRANTIES, WITHIN THEM THE FULFILLMENT OF THE SERVICES AND THE RETURN OF MONEY FOR USERS, IF SUCH FAILURE IS CAUSED BY, BUT NOT LIMITED TO, EXCLUSIVE NEGLIGENCE BY THE USER, GUILT OF THIRD PARTIES, ACTS OF GOD OR FORCE MAJEURE EVENTS, AND PARTICULARLY NO ATTENTION TO THE POLICIES OF TERMS AND CONDITIONS STATED ON THE WEB INFORMATION PORTAL, CONCERNING TO REQUIREMENTS, CANCELLATIONS, RESERVES, PORTFOLIO, MANIFESTO AND INFORMATION PROVIDED IN THE DROPZONE. YOU AGREE THAT THE CONTENT OF THESE POLICIES ARE IN ACCORDANCE WITH THE COMPLEXITY OF OUR SERVICES AND SUCH INFORMATION WAS PROVIDED TO YOU IN ENGLISH. RULES OF COEXISTENCE IN THE AREA OF JUMPING You will always be welcome with your family and friends, for this reason we want to make your stay a pleasant one and we also request certain rules of behavior: 1. Xielo opens its doors for all campers, keep in mind: Our facilities will be available from 8:00 p.m. on Friday and we close on Sunday when the jump operation ends. If you arrive at the jump zone after 10:00 p.m. We request you to be located in the camping area, we inform you that it is prohibited to enter the container area.

8 The restaurant is only open on weekends from 7 am to 5 pm. Within the hours of jump operation. We have two packing areas, one covered and one uncovered. If you camp in the covered area, we ask you to remove your tent at 6:00 a.m., since at that time we started the jump operation. Within the area you can have the pool, bathrooms, showers, camping area and social facilities in general, we ask you to keep our jump area and all facilities in perfect order and condition. Always keep your things stored, it is not allowed to spread clothes, towels, bath robes, backpacks or any other personal object in any area. Xielo takes care of the music You must park before the container area, please do not enter your vehicle to any of the container or restaurant areas. No adult, child or pet can enter the containers, packing area or circulate around the landing area. If you are with children please be aware of them. ALL CHILDREN MUST ALWAYS BE ACCOMPANIED BY AN ADULT ABOVE ALL IN THE POOL AND LANDING AREA, AND IN GENERAL WITHIN THE FACILITIES AS WE HAVE EQUIPMENT THAT IS SUCCESSFUL TO HANDLING AND MAY CAUSE ACCIDENTS. IN THE LANDING AREA YOU WILL SEE A WHITE STRIP MARCHED ON THE FLOOR, YOU MUST ALWAYS KEEP THE OTHER SIDE OF IT TO AVOID ACCIDENTS. XIELO IS NOT RESPONSIBLE FOR THE LOSS OF PERSONAL OBJECTS AS IT IS YOUR RESPONSIBILITY TO CARE AND MAINTAIN YOUR ORDINATED THINGS All the people who work with us are very kind and for this reason we ask for a deal of absolute respect to always have a good atmosphere in our area. We reserve the right of admission. RESPONSIBILITY FOR OUR SERVICES XIELO PARACAIDISMO SAS, ITS COMMITTEE, ITS OFFICERS, EVENT PLANNERS, OWNERS OF AIRCRAFT AND LANDS, THE SPORTS CLUB OF PARACAIDISMO XIELO, TRAINERS, MANAGERS, AND MANAGERS WILL NOT BE LIABLE FOR, CONSEQUENTIAL OR INDIRECT DAMAGE, SPECIAL, EMERGING OR EXEMPLARY LOST PROFITS.

9 TO THE EXTENT PERMITTED BY LAW, THE LIABILITY OF XIELO PARACAIDISMO SAS, ITS COMMITTEE, ITS OFFICERS, EVENT PLANNERS, OWNERS OF AIRCRAFT AND LANDS, THE SPORTS CLUB OF PARACAIDISMO XIELO, TRAINERS, MANAGERS AND ADMINISTRATORS FOR ANY CLAIM UNDER THESE CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT PAID BY YOU TO USE THE SERVICES (OR PROVIDE SERVICES AGAIN, IF CHOSEN), ONCE DISCOUNTED ADMINISTRATIVE EXPENDITURE ON WHICH XIELO INCURRED IF ANY. IN NO EVENT XIELO PARACAIDISMO SAS, ITS COMMITTEE, ITS OFFICERS, EVENT PLANNERS, OWNERS OF AIRCRAFT AND LANDS, THE CLUB DEPORTIVO SKYDIVING XIELO, TRAINERS, HEADS, AND MANAGERS WILL BE LIABLE FOR DAMAGES OTHER THAN REASONABLY FORESEEABLE. JURISDICTION AND APPLICABLE LAW These terms of use shall be governed, construed and enforced under the laws of the Republic of Colombia. POLICY CHANGES XIELO PARACAIDISMOS SAS and XIELO SKYDIVING SPORT CLUB reserves the right to review at any time these terms and conditions. Users are bound by any such revisions. XIELO PARACAIDISMOS SAS and XIELO SKYDIVING SPORT CLUB will post on its website, any change in its policy. L as changes take effect immediately.if you do not agree to modified terms for a Service, you should terminate your use of the Service. If there is a conflict between these terms and the additional terms, the additional terms will prevail in all matters relating to the conflict. If you do not meet these conditions and we do not take immediate action, this does not imply a waiver of any rights it may reciprocate (as initiate action in the future). If any provision of these conditions proves unenforceable, this shall not affect the validity of the remaining conditions. For information on how to contact XIELO PARACAIDISMOS SAS and XIELO SKYDIVING SPORT CLUB, visit our contact page.

10 Last updated: April TÉRMINOS Y CONDICIONES