By making a booking or contracting any activity with Eswell Barcelona (teaching lessons, guided tours or routes, and free or self-guided equipment rental), the client declares that they have read, understood and accepted these Terms and Conditions, as well as the safety rules provided to them before and during the activity.

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1. Legal capacity and use of the service

The client declares that they have the legal capacity to book and take part in the activity. The contracted service is personal and non-transferable and is provided exclusively for the selected date and time.

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2. Essential requirement: knowing how to swim

To take part in any of the activities offered by Eswell Barcelona (lessons, guided tours, and free or self-guided rental) it is essential to know how to swim. This requirement is mandatory without exception.

When booking, the client declares that both they and the participants under their responsibility know how to swim and have sufficient autonomy to manage safely in the water. Eswell Barcelona may deny participation to any person who does not meet this requirement, with no right to a refund, date change or rescheduling.

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3. Minors

Eswell Barcelona cannot verify the user's age at the time of booking. Therefore, if a minor wishes to participate, the booking must be made by their legal guardian or an adult who assumes full responsibility for the minor. Express authorization from the legal guardian will be required, unless said guardian is present during the activity. The minor must also identify themselves as such at the facilities before the start of any activity.

The use of an approved life vest is mandatory for minors throughout the activity.

If a minor falsifies their age when booking, Eswell Barcelona accepts no responsibility under any circumstances.

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4. Life vests

All participants will be offered the use of an approved life vest, at no additional cost, even those who know how to swim.

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5. Physical condition, health and assumed risks

The client declares that they are in adequate physical condition to carry out the activity and that they do not suffer from any medical condition that could compromise their safety or that of third parties. They acknowledge the risks inherent to the practice of water sports and voluntarily assume said risks.

Eswell Barcelona may deny or limit the participation of any person who shows obvious signs of fatigue, incapacity, disorientation, extreme fear or any other circumstance that may pose a risk to themselves, to third parties or to the proper conduct of the activity.

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6. Alcohol and substances

Eswell Barcelona may deny participation to any person in whom it detects or suspects the consumption of alcohol, drugs or other substances that may affect their safety, that of third parties or the proper conduct of the activity. The assessment will be made by the safety officer or the instructor.

In such cases, no refund, date change or rescheduling of any kind will be allowed.

 

7. Payment and validity of the service

Payment is made at the time of booking. The service will be valid exclusively for the selected date and time.

 

8. Cancellation by Eswell Barcelona

Eswell Barcelona reserves the right to cancel, suspend, modify, limit or reschedule the activity when weather or safety conditions do not allow it, or when the minimum number of participants is not reached. Safety will always prevail over the continuity of the activity.

In the event of cancellation by Eswell Barcelona, the client will be offered the possibility to reschedule the activity or, failing that, a refund of the amount paid.

 

9. Cancellation by the client

Activities are contracted for a specific date and time. Once the booking has been made, the client will not be entitled to cancel the activity or receive any refund, except in the cases of cancellation by Eswell Barcelona set out in clause 8.

 

10. Modification of the booking by the client

The client may request a change of date or time with at least 48 hours' notice before the start of the activity. Any request made outside that period cannot be considered, with no right to a refund or rescheduling. Changes are subject to availability.

 

11. Punctuality and attendance

It is essential to arrive at the indicated time. In the event of a delay of more than 5 minutes, the client will lose their place with no right to a refund or rescheduling.

 

12. Free and self-guided rental

In the free or self-guided rental modalities, the participant carries out the activity under their own responsibility and without the accompaniment of a monitor. The client declares that they have the autonomy, basic knowledge and physical condition necessary to use the equipment safely, and undertakes to comply with the safety rules.

 

13. Conduct during the activity

Eswell Barcelona reserves the right to suspend the service without a refund if the client engages in inappropriate conduct, fails to comply with the safety rules or puts at risk their own safety or that of the group or third parties.

 

14. Liability for damages

The client will be financially and legally responsible for any damage caused negligently or intentionally to equipment, facilities or third parties during the activity.

 

15. Responsibility of the group representative

When a person books on behalf of a group, they assume full responsibility for it and accept these terms on behalf of all participants, guaranteeing that they are aware of and comply with them, including the requirement to know how to swim.

 

16. Personal belongings

Eswell Barcelona accepts no responsibility for the loss, theft or deterioration of personal belongings within the facilities, including lockers.

 

17. Use of images

The client authorizes the capture of photographs and videos during the activity and their use for promotional purposes by Eswell Barcelona, always respecting their image and privacy. The instructor will only capture images when conditions allow without compromising the safety of the group.

The client may withdraw this authorization at any time by writing to Eswell Barcelona. In the case of minors, authorization for the use of their image must be granted by their legal guardian.

 

18. Customer service and hours

The customer service is not available between 20:00 and 8:30. During that period, no calls or messages will be answered. Any query or arrangement must be made within the service hours. We recommend resolving any query about the activity in advance and within the indicated hours.

 

19. Data protection and commercial communications

The personal data provided will be processed by Eswell Watersports SL for the purpose of managing the booking and providing the service, in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish data protection regulations. The client may exercise their rights of access, rectification, erasure, objection, restriction and portability by contacting Eswell Barcelona.

Eswell Barcelona may send commercial communications about activities, events and company news related to its services. The client may object or unsubscribe at any time, free of charge and easily, by replying to any of our emails or communicating it through the available channels.

 

20. Applicable law and jurisdiction

These terms are governed by Spanish law. Any dispute relating to their interpretation or execution will be submitted to the courts and tribunals of Barcelona, without prejudice to the rights that consumer regulations grant the client.

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