Participation in a hiking tour or other outdoor activities offered by Freemotion Italia is understood as acceptance of these General Terms and Conditions by all the participants.
In our Terms and Conditions statement, the term "guest" must be interpreted as the customer who made the booking and all participants involved in the activity that the customer brings with him/her in the same group. "Freemotion". "Freemotion Italia" (also referred to as "we", the "organizer", the "organization") is the intermediary agency that manages the booking and payment process and assigns a guide to the guest. The "guide" is a professional and licensed Mountain Guide or Mountain Leader.
By booking any hiking activity organized by Freemotion Italia, it is hereby declared that the guest has taken note of and carefully read the following general and specific information regarding the activity he/she is about to undertake, as well as its characteristics, risks and the way in which it will be carried out by the Mountain Guide or Mountain Leader.
The following Terms and Conditions of the tour that the guest activates through the booking, are valid from the first contact at the meeting place until the guest is left alone at the prearranged place.
In particular, the guest, declares that he/she has been made aware of the following:
- A) GENERAL CHARACTERISTICS OF THE ACTIVITY
- Mountain hiking is an outdoor activity consisting of walking along more or less demanding routes in mountainous terrain, which require physical and mental effort as well as adequate preparation and suitable equipment depending on the type of route chosen and its duration.
The environment in which the activity takes place is by its very nature impervious and presents objective and intrinsic risks, which cannot be totally eliminated even by the intervention of the guide and the application of the risk management procedures indicated by the very same guide.
The most significant risks of an objective nature, connected to the type of environment and activity, include but are not limited to: a) falling stones, trees or parts of them, things moved by animals or other things falling from above; b) sudden changes in weather conditions; c) the possibility of slipping or loss of balance while progressing; d) the onset of tendon injuries due to fatigue or improper use of the limbs; e) the possibility of physical and/or psychological over-exertion; f) the onset of sunburn, heat stroke and/or sun erythema; g) the improper use of technical equipment; h) the lack of immediate accessibility by the local rescue system in case of an accident.
- B) EQUIPMENT TO MITIGATE RISKS AND PERSONAL EQUIPMENT
- In order to mitigate the typical risks of the activity, the use of appropriate technical clothing is required according to the type of excursion. For excursions lasting less than a day in environments not at high altitude: hiking shoes with non-slip soles (indifferent whether high or low) or low sports shoes for e-bike tours – a small backpack – hiking trousers – a technical micro-fibre t-shirt – a waterproof jacket – fleece and/or thermal jersey – sunglasses – suncream – water (at least ½ liter per person) must be used. For excursions at high altitude and for those organized over several days, individual extra equipment must consist of: medium/large size backpack with waterproof backpack cover (minimum 30 liters) – waterproof windproof jacket with hood – spare micro-fibre technical t-shirts – technical hiking socks – comfortable clothes for accommodations - spare underwear – sleeping bag if required – slippers for accommodations – headlamp – personal hygiene kit and whatever is indicated by the Alpine Guide or Mountain Leader. For snowshoe tours lasting less than one day, it is necessary to add: waterproof windproof jacket with hood – winter gloves – beanie – scarf – winter socks – thermal technical jersey – tights and whatever is indicated by the Alpine Guide or Mountain Leader.
All participants are required to bring the equipment listed. The guest can always ask Freemotion for details about the required equipment. The guide will ensure that all participants have all the necessary equipment (including clothing and shoes) and reserves the right to make changes to the program if the equipment is not suitable. The guest is responsible for all equipment provided during the tour. The guide reserves the right to request payment or replacement of lost or damaged equipment.
- C) INITIAL BRIEFING AND GUIDE INSTRUCTIONS ALONG THE ROUTE
- Before starting the activity, the Mountain Guide or Mountain Leader will give the participants a briefing on the characteristics and risks of the chosen route and the progression method for practicing the activity in safety and will check that everybody has the required equipment.
- D) PHYSICAL CONDITION AND TECHNICAL ABILITIES
- Before booking it is important to consider the suitability of any outdoor activity. It is the responsibility of the guest to be aware of his/her fitness level for the activity. The guest can always ask Freemotion for details about the physical prerequisites, fitness level and technical difficulty of the activity. Before the start of the activity, the guest must inform the guide of medical conditions, illnesses or disorders that may be relevant to the safety of the activity.
No particular technical skills are required for progression on routes that are not at high altitude and that last less than a day, but good general fitness and the absence of vertigo or fear of heights are required. For high-altitude and multi-day tours, adequate physical preparation and the ability to withstand prolonged exertion are required. Having taken note of the above, the guest:
> declares that he/she has understood the information contained in points A), B), C) and D) above and for all purposes confirm his/her willingness to participate in the activity described above in accordance with the relevant provisions and warnings;
> declares that he/she has understood that the activity he/she is going to carry out involves the assumption of objective risks that cannot be eliminated, irrespective of the action that will be taken by the Mountain Guide or Mountain Leader to avoid them occurring, and he/she therefore undertakes not to claim against the hike leaders or the organization in the event of an accident;
> undertakes to adhere strictly and without exception to the directives, instructions and indications that the Mountain Guide or Mountain Leader will provide until the return to the meeting point, and refrain from any personal initiative that could undermine the success of the activity;
> also undertakes to accept, and not to discuss, any decision by the accompanying guide which may lead to the suspension, interruption or modification of the activity and/or the chosen route, agreeing in advance to the validity of the reasons which will lead to such a choice;
> acknowledges and accepts that the price paid for the performance of the activity cannot be refunded, even in part, in the event that the activity has to be interrupted, modified or suspended along the route for weather, safety or third-party reasons;
> declares that he/she is in good physical and mental condition and that he/she is not suffering from any illnesses (such as epilepsy, tachycardia, diabetes, orthopedic problems and/or traumas, dizziness) which may adversely affect the proper performance of the activity or which may be aggravated by it. He/she also declares that he/she has suitable experience for the activity he/she is going to carry out and that he/she is not under the influence of drugs, alcohol, psychotropic substances and/or narcotics. In the event that these conditions are not met, he/she undertakes to inform the Mountain Guide or Mountain Leader or organizer in good time before the start of the activity. The Mountain Guide or Mountain Leader or organizer will then be entitled to refuse and/or modify his/her registration, and he/she will in any case be obliged to accept their assessments regarding his/her suitability and capacity to participate in the activity and in what way;
> for e-bike tours (electric mountain bike), he/she declares that he/she has the technical skills and expertise required in riding the e-bike on unpaved roads as well as on trails of different nature;
> he/she undertakes to wear the required and specified clothing, especially for e-bike tours;
> declares that he/she is aware that the use of seat belts is compulsory during courtesy transfers with the organizer's vehicle, and he/she hereby undertakes to indemnify and hold the organizer harmless from any penalties that may arise from the failure to use these safety devices;
> declares finally that he/she will not hold the organization responsible for any theft or loss of his/her personal belongings left in his/her own or the organization's vehicle.
- The guide is authorized not to allow the guest to participate in an activity if the requirements are not met, participation in the tour would jeopardize the safety of the guest, other guests or the guide, or in any other way would make the activity impossible. No refund is provided for excluded participants. If guests fail to comply with instructions or choose to leave the group, they do so at their own risk and lose their duty of care and responsibility on the part of Freemotion Italia.
- E) OPEN TOURS
- The Open Tours offered all year long include the participation of other guests in a common tour and the sharing of the guide's expenses and services.
Freemotion Italia is committed to ensuring that all participants are suitable for the activity undertaken. However, during the excursion, guests may find themselves in difficulty due to unforeseen and unforeseeable circumstances and may be forced to leave the group, in which case no refunds will be given.
By booking an Open Tour, the guest agrees to join a group and accept that the group may compromise the tour for unforeseen and unforeseeable reasons. Those who do not want to accept this compromise must book a private tour.
- F) CANCELLATION POLICIES AND REFUNDS
- Freemotion offers different cancellation policies depending on the tour booked. For each tour, the available cancellation policies are indicated on the tour detail page. A full refund occurs only in the event that it is the organization that cancels the tour for security or other reasons not foreseen or foreseeable.
Once the tour has started, there is no refund. If a tour cannot be completed (due to bad weather, inappropriate physical and/or psychological condition of the participants or other reasons), the guide must be paid. If for some reason the guest arrives late or even does not show up at the meeting point at the agreed local time, the reservation will be canceled without refund.
Any requests for reimbursement of a service must be submitted by e-mail to booking@freemotion.it no later than 48 hours after the conclusion of the service.
- G) ASSURANCE
- Insurance coverage is the responsibility of the guest. The price of guiding service and intermediary service does not include any additional insurance in addition to the legally required insurance of the guide that covers damage caused to the guest through negligence.
- H) RIGHTS OF IMAGES
- The guest declares that he/she is aware of and authorizes the organization to publish and use for publicity and/or promotional purposes the photographs and videos taken during the activity that portray he/she personally, with the right to keep these images and videos in the organizer's archives. At the same time, he/she also undertakes not to use, disclose or disseminate any photographs or videos taken personally during the activity which depict third parties or other participants without their authorization.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the guest declares that he/she has carefully examined all of the above information and clauses, without exception, and that he/she approves all of their contents separately and specifically.
Date of last update: May 2, 2024