EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago
DISCLAIMER NOTICE: RELEASE OF LIABILITY
I understand that during events of EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago in which I participate certain risks and dangers may arise including but not limited to hiking or traveling in remote areas, animals, forces of nature, accident and illness.
EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago has no duty to provide medical assistance or advice to any hiker. All persons who participate in any hike or other activity of EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago accepts responsibility for making their own determinations as to the suitability of the activity and for their own safety, conduct and well-being and agrees to participate solely at their own risk.
In consideration of the right to participate in any hikes or other activities of EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago, I, the undersigned, assume the risk associated with these activities and will hold the EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago, its officers, directors, hike leaders and agents harmless from and defend them against any and all liability, actions, suits, claims and demands which could arise from any of the group’s activities and from any loss or injury which I may sustain as a result of my participation in any of these activities. This agreement shall also serve as a release of liability and assumption of risk by me, and is intended to be binding on my heirs, administrators, executors and all members of my family.
I understand that by signing this release I may be forever prevented from suing or otherwise claiming against EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago, its officers, directors and employees for certain loss or damages, whether for property loss or personal injury, that I may sustain while participating in adventure activities.
I understand that the included itinerary is a general guideline of what can be expected on my adventure trip, but is NOT a contract. Factors such as weather conditions, mechanical breakdown, flight cancellations, medical emergencies, political unrest, natural disasters or other uncontrollable circumstances can alter my trip.
I will not hold EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago responsible for extra costs incurred by me which include, but are not limited to: extra meals, accommodation, personal costs, or rebooking of commercial transportation in the event of unforeseen or uncontrollable circumstances.
I hereby grant my consent to EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago to the processing of mi personal data, which I have provided in this form, for the purposes of organizing the the events offered here. The consent is granted for a period of 5 years or until it is withdrawn. I hereby confirm, that before granting this consent, I was informed on the processing in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation/GDPR) (hereinafter „the Regulation“).
Pursuant to art. 7 par. 3 of the Regulation I have the right to withdraw my consent at any time.
I hereby confirm, that the EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago has informed you about your rights set out in the Regulation, in particular the rights in accordance with the provision of art. 13 and following of the Regulation, the right to be informed of the processing, the right of access to personal data, to rectification of personal data, to erasure (right to be forgotten), to restriction of processing personal data, to data portability, to object the processing including the right to withdraw consent to the processing of personal data and the right not to be the object of automated personal data processing.
By my signature below I agree to all aspects of this disclaimer and agree to abide by any and all rules and regulations of EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago.
General Terms & Conditions
In this text, “you” is to be interpreted as the client who has made the booking and all participants the client is bringing with him in his group. The “guide” denotes the organizer and guide. Participation in a EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago event is understood as acceptance by the participant of those General Terms and Conditions. I reserve the right to change, modify or otherwise alter these terms at my sole discretion at any time.
1 – Physical prerequisites: an average physical condition is required for all trips. Please consider the suitability of such an event/activity before booking. It is the responsibility of the client to be aware of the fitness level for a particular trip. When in doubt, please call and discuss it with the guide. The client must inform the guide before the start of the event of medical conditions, illnesses or disorders that may be relevant for safety reasons or aggravated during the tour. Under no circumstances may participants take part in the activities while under the influence of alcohol, drugs or any similar substances. The participants are obliged to fulfill the conditions of participation and agree to strictly follow the instructions of the organizer, the guides, activity leader, and assistants. If the Conditions of Participation are not fulfilled or if instructions are disregarded, the organizer reserves the right to prohibit participation.
2 – Equipment: every participant is required to bring the equipment listed by the guide. The guide will ensure that all participants have all the necessary equipment or clothing and reserve the right to exclude participants who don’t have the minimum equipment required. The customer is responsible for all equipment issued for use during the tour. The guide reserves the right to demand payment or replacement for equipment that is lost or misused.
3 – Liability: the guide always tries to lead as safe as possible and conform to all possible situations during the tour. Nevertheless objective danger can occur any time, therefore no absolute safety can be assured!
Mountain tours, of whatever nature, generally entail significant physical strain and risks which may result in injury or even death; the client is aware of that and is willing to run such risks when concluding an agreement on a tour. Except in respect of death or personal injury caused by the negligence of the guide, none of the guides will be made liable for: – illness, injury, death, loss, theft or damage of personal effects, cash, objects of value, photo equipment during the duration of a tour – failure by you to take out adequate insurance – Fault on your part before and during to the trip – Act of a higher power or on an event which the guide could not foresee or prevent in spite of all possible caution, in particular natural disasters and official government actions
All bookings are made on the basis that you will strictly observe the safety instructions given by the guide. If you choose to ignore the advice of the guide, you do so at your own risk and forfeit a duty of care from the guide.
4 – Exclusion of participation: the guide is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation would endanger you, other clients or the guide or in any other way make the activity impossible in the long-term. This applies accordingly to a participant you have referred. No refund will be made to participants excluded on these safety grounds. If you disregard instructions or choose to leave the group you do so at your own risk, and you forfeit EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago’s duty of care. Above exclusions are non refundable.
5 – Program change: the guide reserves the right to change the mountain objective, itinerary or stop the tour should he believe that continuing would place any group member and/or himself at undue risk due to unfavorable weather conditions and/or participant ability. For stopped or changed tours, the whole amount for the primary planned tour will be charged.
6 – No shows: you are responsible for arriving on time at the notified meeting point. All public hiking tours run on “German time”. This means that we leave promptly at the published departure time. If you are late, the tour will leave without you and your reservation will be forfeited without refund. Please make your greatest effort to show up on time.
7 – Transportation: [private transportation release consent/limitation of the liability of the driver when travelling in someone else’s car] You acknowledge that EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago is not responsible for providing transportation to and from the activity location and that you may have to make my own private arrangements for your transportation. If you participate in car pooling with other participants and/or the guide in the particular event, then you do so entirely at your own risk and without any right to claim against EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago for any loss, damages, or personal injury whatsoever you may suffer. You agree to assume all of the risks and responsibilities associated with your transportation to and from the activity location.
8 – Booking: 1/ Pay the guiding fee. The booking is not finalized until the payment has been received! Once the payment is received, the cancellation policy is in effect and it is implied and accepted that you have read and understood all the booking information and conditions and agree to abide by them.
The guide is not responsible for any incidental expenses the client may have incurred in reliance on the tour including, without limitation, expenses arising from the purchase of visas, vaccinations, non-refundable flights, or of any loss of enjoyment.
9 – Cancellation:• By the guide: the guide reserves the right to cancel any trip because of causes that make it infeasible for the scheduling of the trip (conditions on the mountain, illness, injury or insufficient number of participants). If this is the case, you will be informed within 24 hours prior to trip start date. In the event of this occurring, you will be offered an alternative or full refund of the guiding fee but I take no responsibility for any other fees that the client has incurred like flights, hotels or any other expenses relating to the trip out with my guiding fee.
• During a tour: once a tour begins, no refund will be given. If a tour has been started and cannot be completed (because of bad weather conditions, weak physical condition of the group by example), the guide must be paid. Payments are not refundable based on itinerary changes.
10 – Refund Policy:
In case of cancellation by the client without providing a substitute the following cancellation fees apply:
For multiple day events:
· from 30 days before the events: 50 %,
· from 20 days before the event: 75 %
· from 10 days before the event 100 % of the agreed fee.
For one day events:
· from 14 days before the events: 50 %,
· from 7 days before the event: 75 %
· from 3 days before the event 100 % of the agreed fee.
In the case of events with financial commitment like some canoe tours or accommodation that needs to be booked and paid beforehand there is no refund at all. This will be announced in the event descriptions.
11 – Self-responsibility for mountain rescue insurance: in case of an accident or emergency you will always be asked to pay for mountain rescue and this could be several thousand euros, especially if helicopters are involved. The settlement of a valid accident and health policy (with stipulations of mountain rescue coverage) covering any medical and/ or related costs (e.g. helicopter off the track, hospital care, repatriation, etc.) is strongly recommended. Insurance coverage is the responsibility of the client. The price of guiding service and intermediary service does not include any insurance. EGO TO WEGO - An extraordinary Way of experiencing Nature / Oliver Farago or the guides accept no responsibility for costs incurred.