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General conditions

GENERAL CONDITIONS AND RULES OF USE OF THE MONOBLOC INSTALLATION GENERAL CONDITIONS AND RULES OF USE OF THE MONOBLOC INSTALLATION

1. Scope.

These General Conditions and rules of use regulate the relationship between the user and/or legal representative and BOULDER SPACE BCN, SL, during their stay at the facilities and/or during participation in any activity organized by the entity. The facilities of BOULDER SPACE BCN, SL (trademark MONOBLOC) include:

- Block zones

- Fitness equipment and specific training area

- Multipurpose room

- Changing rooms

- Common areas

- Café

2. Informed consent

The user and/or his/her legal representative acknowledges:

A. Understand that climbing in the different modalities that can be practiced at MONOBLOC is a sporting activity that is not without risk and, although it can be greatly reduced with correct use of the facility, adopting the appropriate safety measures and following these Rules of Use, there are risks inherent to the activity that are imponderable.

B. Having received complete and sufficient information and training on the characteristics of the activity and having read these General Conditions and Rules of Use.

C. Be in adequate physical and mental condition to participate in the activity, and not have any illness or physical limitation that prevents you from doing so or that could be triggered during its development.

D. Know and accept that your participation implies risk to your physical integrity and that of others, which includes, but is not limited to: injuries, illnesses, sensory impairments, loss of body parts, permanent disabilities, or even death.

E. Understand that, due to its geographical location and the conditions in which they can be developed, some of the activities organized by MONOBLOC may be affected by adverse situations such as weather, natural disasters, political or social instability and other similar situations, which could lead to harm to the user and their property, or the modification of the activity, the suspension of some of the planned activities or stages, and even cancellation.

F. Know and accept that the risks of participation in the activity cannot be fully controlled, neither by the user nor by MONOBLOC, assuming the possible negative consequences that may arise from the activity provided that MONOBLOC has not acted with due diligence, manifest bad faith or negligence considering the circumstances.

G. Have been informed and accept that, should you have a health problem, MONOBLOC will provide free assistance on the spot, exclusively limited to first aid by non-medical personnel and, if necessary, stabilization until the transfer by the relevant authorities to the health center or hospital considered by the Emergency Services. This excludes medical equipment, medications, surgical or other treatments that must be provided by medical personnel.

H. In the event that a minor is participating under the guardianship of the user, the assumptions and statements in this document include the minor.

3. Opening Hours and Access Restrictions

MONOBLOC opening hours are listed in ANNEX I. MONOBLOC Opening Hours.

4. Access to the Facilities

To access MONOBLOC facilities, registration at reception is mandatory. MONOBLOC may issue membership cards for its members or authorized users that will identify the authorized holder, the membership category and the member's customer number. The card is an identifying element for the member, so it must be treated with the appropriate diligence. In the event of loss or theft of the membership card:

A. The holder must notify MONOBLOC as soon as possible in order to issue a new card and update the user's account.

B. The holder is responsible for all charges made with the card prior to notification of the loss or theft of the membership card. The replacement or substitution of the membership card has a cost of five euros (€5.00). All membership cards are the property of MONOBLOC and must be returned to MONOBLOC upon completion of the membership. The user declares and guarantees that the personal information and bank details are correct and true and undertakes to keep them updated at all times.

5. Minors and people with disabilities

Minors and persons with disabilities need prior requirements to access the facility. Minors between 16 and 18 years of age may only access MONOBLOC facilities with the express consent of at least one legal representative. Minors under 15 years of age may only access the facility with the express consent of at least one legal representative, who must remain at the facility. Minors under 12 years of age may only access the facility with the express consent of at least one legal representative, who must remain with the minor at the facility. The legal representative agrees that the minor may use the facilities and/or participate in MONOBLOC activities in accordance with these Terms of Use. Youth activities, summer camps, and youth classes/events/competitions may be subject to age restrictions. Participation in these activities will be subject to the express consent of at least one legal guardian. MONOBLOC may deny registration for activities, entry to the facilities, or limit access to minors for reasons of safety or inappropriate behavior.

6. Prices and conditions

Prices are listed in Appendix II. Prices. All prices and conditions are available on our website sants.monobloc.es/es/#tarifas and at the facilities. In the event of any differences, the latest published version will be binding.

7. Rental and loan of material

The conditions for the rental or loan of material by MONOBLOC are set out in ANNEX III. Rental and loan of material.

8. General rules of use

It is mandatory to sign in at the front desk upon entering MONOBLOC and return any rented or borrowed equipment upon leaving. Caution, common sense and courtesy must be exercised at all times. Smoking and drug use are prohibited both inside and outside MONOBLOC. Alcohol may only be sold to those over 18 years of age and consumed in the designated area of ​​the cafeteria. Entry will be denied to anyone showing signs of alcohol or drug intoxication. Drinks and food must be consumed in the cafeteria. Access to the interior of the climbing walls, sealed off areas, private areas and areas marked “authorized personnel only”, “no entry” and “staff only” is prohibited. If assistance is required, please contact MONOBLOC staff. Only MONOBLOC staff or persons authorized by MONOBLOC may teach classes. Any other person teaching paid classes will be asked to leave MONOBLOC premises and may have their right of entry revoked without compensation. Any problem with the climbing walls, the equipment, the installation or the bad behaviour of any user must be reported directly to MONOBLOC staff. The signs on good practices, health and safety displayed in MONOBLOC facilities must be complied with at all times. The user is informed of the existence of a video surveillance circuit throughout the centre.

9. Bouldering rules

The specific rules for this type of climbing are included in Annex V. Bouldering rules.

10. Specific rules for groups and courses

Specific rules applicable to groups and courses are included in Annex VI. Specific rules for groups and courses.

11. Personal belongings

Personal belongings and equipment must be stored only in the lockers or spaces provided for this purpose. MONOBLOC is not responsible for any objects that may be lost or stolen in any of the facilities, including the parking areas, or in particular, for objects left in the lockers. MONOBLOC recommends that users do not bring any valuable objects to the facilities or leave them in the lockers. Objects left in the changing room lockers or anywhere else in the facility will remain in the lost and found category for a maximum of three weeks. If the object is not claimed by its owner within this period, the centre management will hand over these objects to a charity. The lockers are for daily use: during the closing process of the facility, all lockers will be opened by the staff designated for this purpose. If any locker contains personal objects, these will be kept for a period of 15 days. If they are not claimed within this period, the centre management will hand over these objects to a charity.

12. Notification in case of defect

The user undertakes to immediately notify MONOBLOC staff of any deterioration or problem observed in the centre, thereby creating a safer environment for users and eliminating potential risks. Failure to notify entails relevant legal consequences for negligent conduct.

13. Images and Personal Data

The user and/or his/her legal representative authorises MONOBLOC to use his/her name and image to carry out promotional or dissemination activities for MONOBLOC. The user may not take videos or photographs in the facilities without the express authorisation of MONOBLOC. In accordance with the Organic Law on Personal Data Protection 15/1999, the user's data will be included and processed in a user file whose administrator is Oleksiy Germanovych, expressly authorising that his/her data be used for the management of the users of the facilities, the activities of MONOBLOC, as well as for the realisation of commercial and marketing information campaigns. Interested parties may exercise their right to access, rectify, cancel or oppose their data by writing and providing a photocopy of their ID or identification document, in the terms provided for in the Law, to the person responsible for the File: Boulder Space BCN SL, Carrer de la Minería 51, Barcelona 08038.

14. Non-compliance

Failure to comply with these rules will result in automatic expulsion from the premises and permanent withdrawal as a MONOBLOC client without any compensation. MONOBLOC reserves the right to limit or prevent the right of admission to the premises for reasons of security or inappropriate behaviour.

15. Additional Provisions

MONOBLOC may modify, develop and update these General Conditions and their annexes. These changes come into effect immediately after their publication on the facilities and website. In the event of differences, the binding version will be of a later date.

16. Insurance

According to current legislation, BOULDER SPACE BCN SL has taken out civil liability insurance, the amount of which will depend on the maximum authorized capacity. However, injuries resulting from incorrect practices and caused by the user will not be covered by said insurance and it is the users who must assume the consequences.

Annex I. MONOBLOC Opening Hours

Opening hours:

- Monday to Friday from 9 a.m. to 10 p.m.

- Saturdays and Sundays from 10 a.m. to 8 p.m.

- Holidays to be consulted

During special events and competitions, MONOBLOC may not open to the general public and/or limit access.

MONOBLOC may temporarily limit access to certain areas of the facility for reasonable reasons and circumstances such as classes, competitions, special events, cleaning/maintenance work, climbing route equipment.

These partial limitations do not justify the refund of the ticket price.

Annex II. Prices

Passes are non-refundable. Tickets and passes must be paid for before entering the facilities. Payments and prepayments for tickets, courses, competitions, events, groups, parties and other cases can be made in cash or by payment card. Passes can only be paid by direct debit.

MONOBLOC reserves the right to revise at any time the prices and conditions posted at the premises and on the website. The conditions in force on the day of registration for any service paid for in advance will apply for the duration agreed upon on the date of registration.

Day passes and all types of subscriptions (monthly, quarterly, half-yearly, annual) are personal and non-transferable. Day passes are valid only on the day of purchase. 10-session passes are non-transferable. Unused sessions are non-refundable.

MONOBLOC reserves the right to deny membership as well as any associated conditions or benefits.

In the event of injury, illness or other reasons for absence, annual and half-yearly memberships may be suspended for a maintenance fee of €9 per month, which must be paid by direct debit. The minimum duration of this suspension is one month. The maximum duration is 5 months. To register for the maintenance fee, the member must notify us before the 25th of the previous month. Members who have suspended this subscription cannot enjoy the benefits of membership.

Monthly subscriptions start on the first day of the month and end on the last day of the month. Unused days are non-refundable. Members who sign up for a new monthly subscription service once the month has started will pay the full amount for the month, either in cash or by card.

To cancel any service for which payment is direct debited, you must notify us in writing before the 25th of the month prior to cancellation.

Direct debits for monthly payments and maintenance fees will be charged at the beginning of the month. Any bank fees charged due to insufficient funds or rejected/retained receipts will be borne by the user.

Annex III. Rental and loan of equipment

In order to rent equipment, the rental fee must be paid. The applicant will be responsible for the rented equipment and must replace it in the event of damage, loss or theft. Equipment must be returned before leaving the premises.

Annex IV. Bouldering rules

- Access to the ground floor is not permitted to persons under 12 years of age, except for guided activities with a facility technician or under the strict supervision of an adult in charge.

- Before climbing, make sure you are not going to disturb or interfere with another climber.

- The use of liquid magnesium is mandatory.

- It is not permitted to consume food or drinks on the surface of the mat.

- Do not leave material on the surface of the mats such as shoes, clothing, telephones, etc.

- Do not sit on mats or under ceilings unless you are climbing.

- If possible, do not jump from high points; try to climb down: a bad fall can cause injury.

- Carry and take care of your roommates.

- Brush the blocks. We have brushes available for you.

- Pay close attention to other climbers and respect other climbers.

- Do not climb over, under, or walk underneath any climber.

- Always descend from the blocks in a controlled manner. Give a verbal warning to alert others on the mat.

- Bouldering with the harness is prohibited.

Annex V. Specific rules for groups and courses

Participation in courses (also known as activities, classes and training) requires pre-registration and prepayment and is subject to availability. Members will have priority to sign up.

Reservations for activities offered by MONOBLOC, both individual and group, can be cancelled free of charge 48 hours before the activity, by communicating the cancellation by email to sants@monobloc.es.

Cancellations made less than 48 hours in advance will not entitle you to a refund. For events, competitions and youth programs, special cancellation rules may apply, depending on the specifics of the event. The applicable cancellation rules will be published with sufficient advance notice.

MONOBLOC may modify or cancel courses for duly justified reasons. In the event of cancellation by MONOBLOC, participants will be notified and fully reimbursed, except in cases of force majeure.

PRIVACY AND DATA PROTECTION POLICY

In compliance with the duty of information established in article 5 of Law 15/1999 on the Protection of Personal Data, you are informed that your personal data will be incorporated into an automated file of personal data, which has been created and duly registered with the Spanish Data Protection Agency, under the responsibility of BOULDER SPACE BCN SL, for the purpose of maintaining the relationship with the user, the management, administration, provision and improvement of the services provided by BOULDER SPACE BCN SL.

The user who provides his/her personal data gives his/her express consent to receive advertising and commercial communications from MONOBLOC, in order to inform him/her of promotions and advertising communications of the services, in compliance with the provisions of Law 15/1999 on the Protection of Personal Data in its Art. 6, as well as in Law 34/2.2002 on Information Society Services and Electronic Commerce in the terms of its Art. 21 for commercial communications made through email or equivalent electronic communication means.

Who is responsible for the processing of your personal data?

The controller is BOULDER SPACE BCN, SL, with registered office at C/de la Minería, 51, Local. 08038, BARCELONA, Spain.

Who is the Data Protection Officer?

He is the person responsible for ensuring diligent compliance with the personal data protection regulations. You can contact him via the postal address of BOULDER SPACE BCN, SL or via the email address sants@monobloc.es.

How did we obtain your personal data?

We have obtained your personal data through previous relationships you have had with BOULDER SPACE BCN, SL, either due to your status as a member, having registered for our activities or having requested that we send you promotional information about our activities.

What personal data do we process?

Data required to maintain the relationship with you: Name and Surname; ID/NIF/NIE/CIF; email; telephone; date of birth; purchases made. We also inform you that we will process any additional data that you voluntarily provide us during future relationships and interactions that you maintain with MONOBLOC, including those that you provide us through a social network or other application. This data depends on your own privacy settings, use of the social network or application, as well as the privacy policies of each social network or application, so we recommend that you read them carefully before providing us with data through said social networks or applications.

Why do we process your personal data?

We process data for the following purposes: To improve MONOBLOC's service; to send information about MONOBLOC by phone or email, even when our relationship has ended, unless the interested party states otherwise; to invite you to events or activities organised by MONOBLOC; to carry out satisfaction surveys. Additionally, we also process your data to send, including by electronic means, promotional communications about activities, campaigns and initiatives of a similar nature to those in which you have previously participated. The interested party may object to receiving this type of promotional communications, now or at any other time, by sending an email to the email address sants@monobloc.es or by sending a request to our postal address, to the attention of the Data Protection Officer.

APPLICABLE LAW AND JURISDICTION

The provisions contained in these terms of use shall be governed by and interpreted in accordance with Spanish law. Unless expressly prohibited by law, for the resolution of all contentious issues arising from these terms of use, or relating to the breach, interpretation, termination or validity of any provision of the Website, the parties, by mutual agreement, submit to the jurisdiction of the Courts and Tribunals of Barcelona, ​​expressly waiving any other jurisdiction that may apply to them.