Ras Al Khaimah
Terms & Conditions
Terms & Conditions
1. TERMS & CONDITIONS
1.1 ToroVerde Middle East LLC a company incorporated and registered under the laws of the United Arab Emirates and having its registered office at Street # 11, RAKTDA Office, Al Marjan Island, P.O. Box 29798, Ras Al Khaimah, UAE trading as ToroVerde Ras al Khaimah (“ToroVerde Ras al Khaimah”, “ToroVerde”, “we”, “us” or “our”) operates the adventure activities described on this website that are conducted at Jebel Jais, Ras Al Khaimah (each individual activity and all activities, as the case may be, are referred to in these Terms as the “Activities”).
2. OUR CONTRACT
2.1 It is essential that you carefully read and understand these terms and conditions (“Terms”), which contain important information. They constitute the contract between you and us for the Activities provided by us and set out the basis of your legal relationship with us. The Terms also govern your use of this Website. Use includes accessing, browsing, or registering to use our Website. By using this Website, you agree to and accept these Terms. By booking with us for any of the Activities you acknowledge that you have read and understood and that you agree to be bound by these Terms. PLEASE READ THESE TERMS CAREFULLY. THIS MAY AFFECT YOUR LEGAL RIGHTS. If you do not agree to the Terms then you must not use this Website or our Activities.
3. PRICES AND PAYMENT
3.1 All prices are stated in UAE Dirhams and include Value Added Tax. Prices are based on costs applicable at the time the content was uploaded on the Website and therefore may be subject to variations. We reserve the right to adjust prices until you have made full payment for your experience. Dates, prices and itineraries are indicative only and subject to change.
3.2 Full payment is required at the time of booking. Payment may be made online by credit card (Visa or MasterCard) or by debit card or cash for participants booking in person.
4. ASSUMPTION OF RISK
4.1 Outdoor recreation, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care and steps we have taken to avoid injuries. You acknowledge that Activities can cause loss or damage to your equipment, accidental injury, illness, inconvenience or discomfort or in extreme cases, permanent trauma, disability or death. By booking with us you personally, knowingly, and voluntarily agree to assume all risks associated with the Activities to the maximum extent permitted by law.
4.2 We will not be liable for any delay in, change to or cancellation of any activities or experiences due to Force Majeure. Force Majeure means a circumstance beyond the reasonable control of us and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions (including heavy rainfall, hail etc.), fire and strikes.
4.3 If we cancel a booking as a result of Force Majeure, or government advice, we will offer you alternative arrangements and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you. If you do not accept alternative arrangements we will refund all payments you have made to us less any unrecoverable costs. We will not be liable for any additional costs incurred by you.
5. CANCELLATIONS AND REFUNDS
5.1 CANCELLATIONS BY YOU.
5.1.1. If you wish to cancel all or any part of your booking, notification of cancellation must be given to us in writing. You will be charged (i) 10% cancellation fee for cancellations notified to us more than 72 hours (3 days) before the scheduled time of commencement of the booked Activities and (ii) 100% of the total booking cost for cancellations notified to us 72 hours (3 days) or less before the scheduled time of commencement of the booked Activities. We reserve the right to deduct any cancellation charges from your booking payments.
5.1.2. No refunds will be made if you leave an activity or experience for any reason after the Activities have begun.
5.1.3. All participants MUST check in promptly 30 minutes before the scheduled time of commencement their booked Activities time, if participants have not arrived by their booked Activities time, it shall be deemed a "No Show" and their participation on the Activities shall be cancelled without refund.
5.2 CANCELLATIONS BY US.
5.2.1. We reserve the right to cancel Activities and will advise you of such cancellations. In this case we will offer you alternative arrangements and if the price of your alternative booking is of lower value than the original booking we will refund the difference to you.
5.2.2. If you do not accept alternative arrangements we will refund all payments you have made to us, less any unrecoverable costs incurred by us, but to the extent permitted by law we will not be liable under any circumstances whatsoever for any claims made by you for any additional costs incurred by you.
6. BOOKING AMENDMENTS
6.1 Individual bookings may be amended up to 72 hours (3 days) prior to the scheduled time of commencement of the booked Activities. Amendments can be made if the requested slot is available. If you need to change your reservation date and time, you may do so one time, outside the 72-hour period prior to your originally, scheduled Activities, at no charge. You will be charged no amendment fee for amendments notified to us more than 72 hours (3 days) before the date of the booked Activities and 100% of the total booking cost for amendments notified to us 72 hours (3 days) or less before the scheduled time of commencement of the booked Activities. Any amended bookings will not be eligible for refund.
7. CHANGES TO YOUR EXPERIENCE
7.1 Changes may occur because of Force Majeure, poor road conditions, weather, availability of land or sea transport, vehicle breakdowns, or other circumstances beyond our control. By accepting these Terms you accept that such changes may occur.
7.2 Where changes occur we will, where practical, advise you or your travel agent (if any) of such changes. We do not accept any responsibility for loss of enjoyment, delays or compensation resulting from changes due to Force Majeure or any reasons beyond our control.
8. AUTHORITY OF THE INSTRUCTOR
8.1 During all Activities the decision of our instructor, guide or representative will be final on all matters likely to affect the safety and wellbeing of the Activities. You must, at all times, strictly comply with the laws and customs of all places visited. Should you fail to comply with the above, or should you interfere with the wellbeing of the group then our instructor, guide or representative reserves the right to order you to leave the experience or activity immediately with no right of refund.
9.1 As you will appreciate, our activities will have strict safety requirements that you must adhere too. By agreeing to these Terms you also agree to adhere to all safety requirements which may be given at any point in time before, during or after the activities or experience.
9.2 We will supply participants with suitable protective gear which must be worn at all times. We and its service providers take no responsibility for participants failing to wear the required protective gear or follow the directions of our supervising staff. Participants choosing to undertake activities with or without supervision do so entirely at their own risk and fully accept that such activities may carry the risk of injury or death.
9.3 We reserve the right to ask any person partaking in any Activities to leave or not to take part if they refuse to adhere to the safety requirements.
10.1 If you have any complaint about your experience or activity, you must make it known at the earliest opportunity to us, we will, where possible, take appropriate action. If you are not satisfied with our response and feel your enjoyment is likely to be significantly affected you should notify us in writing and we will do our best to resolve the problem. If, at the end of the experience, you feel your complaint has not been properly dealt with you must notify us in writing within 30 days of the end of your experience.
11. PRE-EXISTING MEDICAL CONDITIONS
11.1 It is your responsibility to advise us of any pre-existing medical conditions that might reasonably be expected to increase the risk of you requiring medical attention, or that might affect the normal conduct of your experience or activity and the enjoyment of other party members. You may be required to provide an assessment of your medical condition from a qualified medical practitioner if requested by our employees or suppliers. We reserve the right, at its sole discretion, to cancel your booking and refund the money paid by you, less any unrecoverable costs.
11.2 We also reserve the right to cancel your participation in an activity at any time, including after the commencement of your activity, with no right of refund if your medical condition could be reasonably expected to affect the normal conduct of the activity.
12. HEALTH AND FITNESS
12.1 The Activities are designed for participants of average mobility, fitness and strength who are in reasonably good health.
12.2 The minimum weight to undertake Zipline Activities tour is 40kg (100lbs) and the maximum is 130kg (290lbs). We reserve the right to ask you to be weighed prior to taking part in the Activities.
12.3 Obesity, high blood pressure, cardiac and coronary artery disease, pulmonary problems, pregnancy, arthritis, tendonitis, prior head, neck, or back injuries or other joint and muscular-skeletal problems may impair the safety and well-being of participants; as may other medical, physical, psychological and psychiatric problems (“Conditions”). All or any of these Conditions may increase the inherent risks of the experience and cause the Participant to be a danger to themselves or others.
12.4 Participants who suffer from any of the Conditions or any other underlying medical problems acknowledge that such conditions will put them at greater risk of injury or illness during Activities and must carefully consider those risks before choosing to participate. Participants must fully inform our staff, on the Participation Waiver, prior to the beginning of the tour if they suffer any of the Conditions or any other underlying medical conditions. We reserve the right to exclude right to cancel your participation in an activity at any time, including after the commencement of your activity, with no right of refund if your Conditions could be reasonably expected to affect the normal conduct of the Activities, or for safety or other reasons.
12.5 We reserve the right to refuse participation to any person believed to be affected by alcohol or drugs (including impairing prescription medication) and in such circumstances no refund will be provided.
12.6 You consent to receive any medical treatment which may be deemed necessary in the case of injury, accident or illness suffered while participating in the Activities and to indemnify us against any claims in respect of such treatment.
13. AGE AND HEIGHT LIMITS
13.1 People under the age of 18 cannot book any Activities. A responsible adult must accompany all minors. You must be at least five years of age and a minimum 122cm tall to participate in the Activities. We reserve the right to refuse participation to any minor they deem unsuitable for the activity.
14.1 You agree to the photographing, filming, or videotaping of you while you are taking part in the Activities and grant us and any of our assigns (including but not limited to the Ras Al Khaimah Tourism Development Authority) the irrevocable and irreversible right to reproduce, use and publish such material for any such purpose as we may deem necessary or related to our business and the promotion or marketing of our activities).
15. TRANSPORTATION & PARKING
15.1 The only way to reach the Zipline site is by using the designated shuttle bus provided by us. You cannot take any personal vehicles to the site as there is no designated parking in the area. It is your responsibility to ensure that you are ready to board the shuttle bus in good time. We take no responsibility for late arriving participants and no refunds will be due.
16. CLOTHING, BAGGAGE & OTHER BELONGINGS
16.1 You must wear closed-toe shoes and appropriate athletic clothing for the activities.
16.2 You may not undertake the Activities with items on your person (such as mobile phones, laptop or tablet devices, handbags, backpacks) as these may fall or otherwise be dropped. Lockers are provided for you to store such items. We are not responsible for any items lost or stolen from the lockers or as a result of being left within our buildings or site.
17.1 The Activities are potentially hazardous with a danger of personal injury. By booking your ticket you are aware of and accept these risks and will be responsible for your own and your groups actions and involvement. An instructor who holds the relevant awards or qualifications will lead these Activities and will maintain a high level of safety throughout the Activities. To enable us to manage these risks you agree to acknowledge the need for responsible behaviour and that the instructors’ word is final on all matters of safety. You confirm that you are familiar with the nature of the Activities that you wish to undertake and acknowledge those risks that are inherent therein and that you may withdraw from any Activities and there is no pressure whatsoever to take part (but that no refund will be given if you do withdraw).
17.2 You warrant that you have not relied on any representation made by us, which has not been stated expressly in these Terms.
17.3 We will not accept responsibility or liability for any participant who contravenes any law or regulation of any area visited. Any independent arrangements that you make that are not part of Activities are entirely at your own risk. We do not accept liability for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with this contract or in respect of a failure or omission on the part of us to comply with its obligations under this contract.
17.4 This disclaimer set out in these Terms does not attempt or purport to exclude, restrict or modify liability arising under applicable laws if, and to the extent, such liability cannot be lawfully excluded.
17.5 We, or our affiliates, subsidiaries, officers, and/or agents do not accept any responsibility for any injury, illness, death, loss (including loss of enjoyment and loss of business, profits or employment), damage, expense, cost or other claims or liability of any description whatsoever which results from: (i) any fault of you or any member of your party, (ii) any fault of any third party unconnected with us and the provision of the Activities for which you have contracted with us; (iii) any force majeure circumstances
(as described herein) which are beyond our reasonable control. Nothing in these terms and conditions shall limit or exclude our liability where such exclusion is not permitted under applicable law.
17.6 Nothing in these Terms limits or excludes our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
17.7 Upon arrival at ToroVerde Ras al Khaimah you will be asked to thoroughly read and then sign a Participation Waiver. Unless the Participation Waiver is duly completed and signed, you will not be permitted to participate in the Activities. A copy of the waiver is available prior to your arrival should you request one.
18. ACCESSING OUR WEBSITE
18.1 You agree that you will only use the Website for your own personal, non-commercial use.
18.2 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
18.3 You are responsible for ensuring that you have all hardware and software necessary in order to access the Website. You should use your own virus protection software when accessing the Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
18.4 You agree that you will not:
a. use the Website to in any way infringe the privacy or other rights of other users of the Website or any third party.
b. use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person.
c. do anything that may cause damage to the Website or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under applicable laws and regulations of your country of residence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
d. do anything that subjects the Website to any derogatory treatment or brings (or might bring) the Website into disrepute.
(i) data mine, screen or web scrape or crawl this Website, its pages or its content or use any process or processes that send automated queries to this Website unless you have obtained our prior written consent.
(ii) misuse or do anything that disrupts all or any part of the Website, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful.
(iii) state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to the Website.
18.5 We do not guarantee that the Website will be secure or free from bugs or viruses.
19.1 All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on this Website (“Content”) are owned either by us, RAK Tourism Department Authority or our licensors.
19.2 Although you can copy any part of this Website to your own computer for your personal use, you may not copy or incorporate any of the Content available on the Website into any other work, including your own website, or use the Content in any other public or commercial manner. Our status (and that of any identified contributors) as authors of the Content must always be acknowledged. You may not post or redistribute any portion of our Website unless you have a license from us to do so. We retain full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.
19.3 You may not change any of the notices regarding copyright, trademarks or other marks that may accompany the Content. You may link to the home page of our Website, but may not use our Content in your own site. You may not deep link (i.e. link to any page other than the home page) to our Website or frame our Website on other websites without our specific written permission.
19.4 If you print-off, copy or download the Content in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made.
20. YOUR PRIVACY
21. LIMITATION OF LIABILITY FOR USE OF WEBSITE
21.1 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a. use of, or inability to use, the Website.
b. use of or reliance on any content displayed on the Website.
21.2 If you are a business user, please note that in particular, we will not be liable for:
a. loss of profits, sales, business, or revenue.
b. business interruption.
c. loss of anticipated savings.
d. loss of business opportunity, goodwill or reputation.
e. any indirect or consequential loss or damage.
21.3 Please note that we only provide the Website for domestic and private use. You agree not to use our Website for any commercial or business purposes.
21.4 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
21.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
21.6 This Website may refer to products or services of third parties or link to third party sites or information. We do not endorse or make any warranties or representations about those products or services and accept no responsibility for the content of websites linked on our Website. Any links to other websites are provided for your convenience only. We will not be liable for any loss or damage that may arise from your use of them. You need to make your own decision as to whether to use third party products, services and websites.
21.7 The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
22. GOVERNING LAW
22.1 These Terms and all matters arising from it shall be governed by and construed in accordance with the laws of Ras Al Khaimah, UAE and the courts of Ras Al Khaimah shall have exclusive jurisdiction in relation to any dispute arising under these Terms.