Disclaimer | Hold Harmless Agreement
Acknowledgment and assumption of risks | release from liability | indemnity agreement
XirCammini is a voluntary, membership-based, not-for-profits organisation registered with the Office of the Commissioner for Voluntary Organisations, Malta (VO1646) dedicated to hiking.
XirCammini is not a travel agent or tour operator and mainly organises events only for its members. Individual members’ contributions, where applicable, are based on the overall cost of the respective (local or overseas) event and the anticipated number of interested members. Any surplus from events is ploughed back to cover general administration costs of XirCammini.
Contributions for overseas trips are not covered by the MTA Insolvency Fund unless bookings are undertaken by XirCammini via an authorised travel agent for and on behalf of its members.
In consideration for XirCammini permitting me to voluntarily participate in any of its events, I (and in the event that the participant is a minor, the parents or guardians) agree to the following terms of this Agreement.
I understand that XirCammini activities may include certain inherent and other risks which include, but are not limited to, acts of God, terrorism, civil unrest, hazards of travel in difficult terrain, weather (including mudslides, rockslides, hurricanes, monsoons), altitudes, travel by air, motor vehicles, animal, or other conveyance, exposure to disease, drowning, accidents, bites, and the negligent acts or omissions of XirCammini or its related entities including employees, guides, volunteers, agents, subcontractors, Tour Companies (as defined below), all other participants in the tour, and all other persons or entities acting in any capacity for or on behalf of XirCammini. I further acknowledge that the forces of nature, crime, civil unrest and personal injury or illness in remote areas without means of rapid evacuation or adequate medical care or supplies are risks which exist in adventure travel or hiking. These risks cannot be eliminated and I willingly assume these risks. I understand that any of these risks may result in bodily or emotional injury, death and/or damage to property, including lost luggage or other belongings, to myself or to third parties.
I understand the physical requirements of the activity in which I will be participating, and I currently have no known physical, medical or mental condition which would impair my ability to participate in XirCammini activities or my safety in these activities, or else I am willing to assume all risks that may be created, directly or indirectly, by any such condition.
I authorize XirCammini and the Tour Companies to arrange for any emergency medical treatment and hospitalization as may be necessary for me because of participation in this activity without my further consent. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating or else I agree to bear the costs of such injury or damage myself and all related costs, such as evacuation, etc.
I have been advised to obtain travel insurance in respect of overseas activities which, under certain circumstances, insures against unforeseen travel issues and risks such as inability to participate in the tour, travel/tourism bankruptcies, cancellations, interruptions, delays, lost/stolen/damaged travel documents and personal property, medical expenses, evacuation and other emergency transportation.
I have been advised of the XirCammini Cancellation Policy: [LINK]
As a membership-based, voluntary hiking organisation XirCammini may utilise and or refer members to travel industry suppliers, outdoor clothing/gear suppliers, guides who are not employees or agents of XirCammini, including but not limited to suppliers of accommodations, meals, transportation (ground, water and air), recreational and leisure activities and entertainment and tours (collectively the “Tour Companies”) or utilize Tour Companies for certain activities. XirCammini does not supervise the operations of these Tour Companies and cannot be responsible for the accuracy of the information supplied by the Tour Companies, rates, scheduling changes, the services or goods provided, the operations of the Tour Companies or the negligence of the Tour Companies and XirCammini disclaims any responsibility or liability therefore. XirCammini makes no warranties, express or implied, with respect to any services provided by the Tour Companies. It is the responsibility of these Tour Companies, and not of XirCammini, to comply with applicable laws, to take adequate safety measures and to otherwise adequately supply goods and services.
Understanding the risks described in this document, I agree for myself, and if applicable all of my family, including my spouse, minor children, and heirs and representatives to release XirCammini, its related entities, owners, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, Tour Companies (as defined below), all other participants in the tour, and all other persons or entities acting in any capacity on XirCammini’s behalf from any and all claims (INCLUDING WITHOUT LIMITATION CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF XIRCAMMINI OR ANY OF ITS RELATED ENTITIES), demands for loss, damages (including without limitation damages related to the inherent risks and other dangers discussed above), injuries (including without limitation sickness, bodily or emotional injury or death), damage to property (including without limitation lost luggage or other belongings) or any other causes of action relating in any way to my participation in XirCammini activities, AND I AGREE THAT I, MY FAMILY AND MY HEIRS WILL NOT SUE XIRCAMMINI OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM XIRCAMMINI’S NEGLIGENCE. If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against XirCammini, I agree to indemnify XirCammini and pay all damages, costs, fees, expenses and legal fees incurred by XirCammini in defending such a lawsuit or such claims. In no event will XirCammini’s liability to a partaker in its activities be greater than the amount of the contributions paid by such partaker to XirCammini for the respective event, even if the amount of damages suffered may be greater than this amount. Furthermore, in no event will XirCammini be liable for any indirect, special, incidental, consequential or other damages, however caused, whether for breach of contract, negligence or otherwise, and whether or not advised of the possibility of such damages occurring.
I agree that the interpretation of this document or of any other aspect of my relationship with XirCammini shall be governed by the law of Malta. If any provision of this document is found to be invalid or unenforceable, the remaining provisions of this document shall be enforceable to the maximum extent permitted by law.
With respect to any minor child listed below, I warrant that I am the parent or guardian of such child and that I have the authority to make decisions as to my child’s participation in recreational activities such as this activity. I HEREBY CONSENT TO MY CHILD PARTICIPATING IN THE ACTIVITY, AND I UNDERSTAND AND AGREE THAT ALL OF THE TERMS OF THIS AGREEMENT SHALL APPLY EQUALLY TO BOTH MYSELF AND MY CHILD.
This is the entire agreement of XirCammini and myself regarding liability for XirCammini activities, which supersedes all prior statements, representations or warranties, oral or written, express or implied.
I consent to having any photograph of me or my family members used by XirCammini
All cancellations after booking for an event and payment of any respective contribution must be advised in writing. Cancellation of a booking within 7 days of the event happening or failure to join an event will result in retention of funds by XirCammini. Payments are non-transferable.
All cancellations after booking for an event and payment of any respective contribution/deposit must be advised in writing. XirCammini will refund deposits / contributions for any cancellations
|>45 days prior to departure:||XirCammini refunds any deposit in full.|
|<45 >30 days prior to departure||XirCammini refunds 50% of the deposit or any further contribution|
|< 30 days prior to departure||XirCammini retains any deposit or further contribution. Full payment is always due not less than 30 days prior to departure.|
XirCammini does not book flights on behalf of its members. Booking of flights are the sole responsibility of partakers in XirCammini’s overseas activities.
XirCammini recommends partakers in its overseas activities to purchase travel insurance.