Términos del servicio

Terms and Conditions

Last Updated: 23/09/2024


OVERVIEW

This website is operated by Adrenaline Tours LLC ("we," "us," or "our"). We are a United States-based company providing an online platform that connects customers ("you," "your") with independent third-party service providers ("Providers") offering adventure tourism activities outside the U.S. territory. We do not own, operate, or control any of the services provided by these third parties.

By accessing or using our website and services ("Service"), you agree to be bound by these Terms and Conditions ("Terms of Service," "Terms"), including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. If you do not agree to all the Terms, then you may not access the website or use any services.


SECTION 1 – ACCEPTANCE OF TERMS

By agreeing to these Terms, you represent that you are at least 18 years old or the age of majority in your jurisdiction. If you are under 18, you may use our Service only with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms. We reserve the right to request proof of age or parental consent.


SECTION 2 – OUR ROLE AS AN INTERMEDIARY

Adrenaline Tours LLC acts solely as an intermediary platform connecting you with independent third-party Providers. We do not own, operate, or control the services provided by these Providers. Your contract for the provision of services is directly between you and the Provider.

We are not responsible for any acts or omissions of the Providers, including but not limited to safety issues, quality of service, or compliance with applicable laws and regulations. Providers are independent contractors and not agents or employees of Adrenaline Tours LLC.


SECTION 3 – USER RESPONSIBILITIES

3.1 Accurate Information

You agree to provide current, complete, and accurate information during the booking process and account registration. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device.

3.2 Compliance with Provider Terms

You agree to comply with all terms, conditions, and policies of the Providers, including but not limited to age restrictions, health and safety requirements, and any rules specified by the Provider.

3.3 Assumption of Risk

You acknowledge that adventure activities involve inherent risks, including the risk of injury, disability, or death. By participating in such activities, you voluntarily assume all risks associated with them.

3.4 Medical Considerations

You are responsible for assessing whether an activity is suitable for you considering your physical fitness, medical condition, or any other personal factors. Consult with a medical professional if necessary.


SECTION 4 – BOOKINGS, CANCELLATIONS, AND REFUNDS

4.1 Booking Process

When you make a booking through our platform, you agree to the terms and conditions of both Adrenaline Tours LLC and the Provider. All bookings are subject to availability and confirmation by the Provider.

4.2 Fees and Charges

All prices and fees are disclosed upfront during the booking process. Prices are subject to change without notice until a booking is confirmed. Any taxes, levies, or additional charges imposed by authorities or the Provider are your responsibility unless otherwise stated.

4.3 Payment Methods

Payments are processed through secure third-party providers such as PayPal and Stripe. By making a payment, you agree to the terms and conditions of these payment processors. We do not store your credit card information.

4.4 Cancellations by You

Cancellation policies vary by Provider and will be communicated during the booking process. To cancel a booking, you must follow the instructions provided in your confirmation email or contact our customer support.

  • EU and UK Consumers: If applicable law grants you a right of cancellation (e.g., within 14 days under certain conditions), such rights will be honored according to the law.

4.5 Cancellations by Provider

Providers may cancel bookings due to weather conditions, safety concerns, or other reasons beyond their control. In such cases, you may be entitled to a rescheduled booking or a refund as per the Provider's policy.

4.6 No-Shows

Failure to arrive at the designated time and place without prior cancellation results in the forfeiture of your booking and any associated payments, subject to the Provider's terms.

Please review our Cancellation and Refund Policy for detailed information.


SECTION 5 – AGE RESTRICTIONS AND PARTICIPATION REQUIREMENTS

5.1 Minimum Age

Participants must be at least 4 years old to engage in activities booked through our platform. There is no upper age limit; however, participants should consider their physical condition and limitations.

5.2 Children Under 3

Children under 3 years old must sit on a parent or guardian's lap during activities. To have a separate seat, you must reserve a child or adult ticket.

5.3 Age-Specific Activities

Certain activities have specific age requirements (e.g., minimum age of 7 or 11 years). These requirements will be communicated during the booking process. If additional fees apply for minors accompanying adults, such fees are the responsibility of the participant and may be payable directly to the Provider.

5.4 Parental Consent

Minors (under 18) must be accompanied by a parent or legal guardian who consents to these Terms on their behalf and agrees to supervise them during the activity.


SECTION 6 – INSURANCE AND LIABILITY

6.1 Personal Insurance

We strongly recommend that you obtain adequate travel and health insurance covering adventure activities, including international coverage if applicable. This insurance should cover personal injury, medical expenses, loss of property, and other risks.

6.2 Provider Insurance

Providers are responsible for maintaining appropriate insurance coverage. We do not verify the insurance policies of Providers and are not liable for their failure to maintain such coverage.

6.3 Limitation of Liability

To the fullest extent permitted by law, Adrenaline Tours LLC, its directors, officers, employees, agents, and affiliates shall not be liable for any loss, damage, injury, or death arising from your participation in activities booked through our platform.

6.4 Release and Indemnification

You release and discharge Adrenaline Tours LLC from any and all liability, claims, or demands arising from such activities. You agree to indemnify, defend, and hold harmless Adrenaline Tours LLC and its affiliates from any claims arising out of your participation in activities, breach of these Terms, or violation of any law or the rights of a third party.

6.5 Provider Responsibility

Providers are solely responsible for the services they provide, including ensuring compliance with all applicable laws, regulations, and safety standards. Any issues or claims related to the Provider's services should be addressed directly with the Provider.


SECTION 7 – LIMITATION OF LIABILITY

7.1 Exclusions

To the fullest extent permitted by law, we exclude all representations, warranties, and conditions relating to our website and the use of this Service. We do not warrant that the Service will be uninterrupted or error-free.

7.2 Limitation

Our total liability to you for all claims arising from the Service or these Terms shall not exceed the amount paid by you to Adrenaline Tours LLC in the twelve (12) months preceding the claim.

7.3 Consumer Rights

Nothing in these Terms is intended to exclude or limit any legal rights that may not be excluded or limited under applicable law, including your statutory rights as a consumer.


SECTION 8 – INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership

Adrenaline Tours LLC has the exclusive right to use and exploit the Adrenaline Tours LLC brand. All content on our website, including text, graphics, logos, images, audio clips, and software, is protected by U.S. and international copyright and trademark laws.

8.2 Limited License

You are granted a limited, non-exclusive, non-transferable license to access and use the website for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works from our content without express written permission.

8.3 DMCA Notice

If you believe that any content on our site infringes your copyright, please send a written notice to our designated agent at:

Please include all information required by the Digital Millennium Copyright Act (DMCA) for such notices.

8.4 EU and UK Copyright Claims

For EU and UK users, please contact us with sufficient information to identify the infringing material and your rights, and we will respond in accordance with applicable laws.


SECTION 9 – USER CONTENT AND COMMENTS

9.1 Submissions

By submitting content (e.g., comments, reviews, suggestions), you grant Adrenaline Tours LLC a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, translate, distribute, and display such content in any media.

9.2 Prohibited Content

You agree not to submit content that is unlawful, defamatory, infringing, obscene, threatening, invasive of privacy, or otherwise objectionable. We reserve the right to remove or edit content at our discretion.

9.3 Responsibility

You are solely responsible for any content you submit and agree to indemnify us for any claims resulting from such content.


SECTION 10 – USE OF IMAGES AND MEDIA

10.1 Consent

By participating in activities booked through our platform, you consent to the collection and use of your image, likeness, and voice in photographs, videos, and other media captured during the activities for promotional purposes by Adrenaline Tours LLC and the Providers.

10.2 Withdrawal of Consent

If you do not wish to have your image used, or if you wish to withdraw your consent, please inform the Provider at the time of the activity and contact us at admin@adrenalina.tours. We will make reasonable efforts to accommodate your request.

10.3 EU and UK Users

For users in the EU and UK, we will obtain your explicit consent for the use of your image and provide you with the ability to withdraw consent at any time, in compliance with GDPR and other applicable laws.


SECTION 11 – DATA PROTECTION AND PRIVACY

11.1 Compliance

We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other relevant regulations.

11.2 Personal Data Rights

You have the right to access, correct, delete, or restrict the processing of your personal data. You may exercise these rights by contacting us at admin@adrenalina.tours.

11.3 Privacy Policy

Your submission of personal information is governed by our Privacy Policy, which provides detailed information on how we collect, use, and protect your data. Please review our Privacy Policy.

11.4 International Data Transfers

We may transfer your personal data to countries outside your jurisdiction. We will ensure appropriate safeguards are in place to protect your data in accordance with applicable laws.


SECTION 12 – PAYMENT METHODS AND SECURITY

12.1 Third-Party Payment Processors

Payments are processed through secure third-party providers such as PayPal and Stripe. By making a payment, you agree to the terms and privacy policies of these payment processors.

12.2 Security Standards

Our payment processors adhere to the Payment Card Industry Data Security Standard (PCI-DSS) to ensure secure handling of payment information. We do not store your credit card information on our servers.

12.3 Data Protection

Any personal data shared with payment processors is subject to our Privacy Policy and applicable data protection laws.


SECTION 13 – THIRD-PARTY LINKS AND CONTENT

Our website may contain links to third-party websites or services that are not owned or controlled by Adrenaline Tours LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

13.1 No Endorsement

Inclusion of any links or third-party content does not imply endorsement or recommendation by us.

13.2 User Responsibility

You access third-party websites and services at your own risk. We encourage you to review the terms and privacy policies of any third-party sites you visit.


SECTION 14 – PROHIBITED USES

You are prohibited from using the site or its content for:

  • Any unlawful purpose.
  • Soliciting others to perform unlawful acts.
  • Violating any international, federal, or state regulations, rules, or laws.
  • Infringing upon our intellectual property rights or the rights of others.
  • Harassment, abuse, discrimination, or hate speech.
  • Submitting false or misleading information.
  • Uploading viruses or malicious code.
  • Collecting personal information of others without consent.
  • Spamming, phishing, or other fraudulent activities.
  • Any obscene or immoral purpose.
  • Interfering with security features.

We reserve the right to terminate your use of the Service for violating any prohibited uses and to take appropriate legal action.


SECTION 15 – FORCE MAJEURE

Adrenaline Tours LLC shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, governmental actions, pandemics, or failures in telecommunications networks.


SECTION 16 – DISPUTE RESOLUTION

16.1 U.S. Residents

For users residing in the United States:

  • Binding Arbitration: Any dispute arising out of these Terms or your use of the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
  • Class Action Waiver: You agree to waive any right to participate in a class-action lawsuit or class-wide arbitration.
  • Arbitration Procedures: The arbitration shall take place in Delaware, United States, unless otherwise agreed. Each party shall bear its own costs.

16.2 EU and UK Residents

For users residing in the European Union or the United Kingdom:

  • Legal Rights: You may bring proceedings in the courts of your country of residence. These Terms shall not deprive you of any mandatory protections afforded to you under the laws of your country.
  • Alternative Dispute Resolution: You may also have the right to submit disputes for online resolution to the European Commission Online Dispute Resolution platform.

SECTION 17 – GOVERNING LAW

17.1 U.S. Residents

For users residing in the United States, these Terms and any disputes shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

17.2 EU and UK Residents

For users residing in the European Union or the United Kingdom, these Terms shall be governed by the laws of your country of residence to the extent required by applicable law.


SECTION 18 – CHANGES TO TERMS AND NOTIFICATIONS

We reserve the right to update or modify these Terms at any time. If we make material changes, we will notify you by email (if available) or by posting a notice on our website prior to the change becoming effective.

Your continued use of our Service after any changes indicates your acceptance of the new Terms. If you do not agree with the changes, you should stop using the Service.


SECTION 19 – ACCESSIBILITY COMMITMENT

We are committed to making our website accessible to individuals with disabilities. If you experience any difficulty accessing any part of our site, please contact us at admin@adrenalina.tours, and we will work with you to provide the information or service you need.


SECTION 20 – ENVIRONMENTAL RESPONSIBILITY AND SOCIAL COMMITMENT

We encourage responsible and sustainable tourism practices. You agree to:

  • Respect the environment, wildlife, and local communities during your participation in activities.
  • Follow guidelines provided by Providers to minimize environmental impact.
  • Dispose of waste properly and conserve resources.

SECTION 21 – PROVIDER AND CLIENT COMPLIANCE

21.1 Provider Responsibility

Providers are responsible for maintaining all necessary licenses, permits, certifications, and insurance required to offer their services. They are also responsible for complying with all applicable laws and regulations.

21.2 No Verification by Us

Adrenaline Tours LLC does not verify the credentials, compliance, or insurance coverage of Providers or clients. We are not liable for any deficiencies in the Provider's licensing, compliance, or insurance. It is the responsibility of both Providers and clients to ensure they have appropriate insurance in place and to assume the responsibilities that may arise from not having adequate insurance.

21.3 Indemnification

Providers agree to indemnify, defend, and hold harmless Adrenaline Tours LLC from any claims arising out of their services, including but not limited to negligence, misconduct, or failure to comply with laws.


SECTION 22 – MISCELLANEOUS

22.1 Entire Agreement

These Terms constitute the entire agreement between you and Adrenaline Tours LLC regarding the Service and supersede any prior agreements or understandings.

22.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

22.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

22.4 Language

The official language of these Terms is English. Any translations are provided for convenience, and in the event of a conflict, the English version shall prevail.


SECTION 23 – CONTACT INFORMATION

If you have any questions about these Terms, please contact us at: