Visitor & Volunteering T&C’s
By participating in Casa Congo’s activities in Nicaragua, by staying on Casa Congo’s property or by engaging in the services offered by Casa Congo, represented by the Nicaraguan entity Arrecifes del Pacifico (S.A), the visitor / volunteer agrees to the following terms and conditions.
This visitor agreement (hereinafter, the “Agreement”) is entered into by and between the social enterprise Arrecifes del Pacifico (S.A.) with registered office in El Astillero, Tola, Rivas, Nicaragua and unique number MG00-22-003456 (hereinafter, “Casa Congo”) and the visitor as identified below (hereinafter, the “Visitor”), on behalf of himself/herself and in his/her quality of legal guardian of the ward identified below, if any (hereinafter, the “Ward”).
Should Visitor enter into this Agreement exclusively on behalf of himself/herself and not also on behalf of Ward, any reference to Ward under this Agreement shall not be considered.
Visitor and Ward are interested in: (i) using Casa Congo’s accommodation and amenities, (ii) learning and/or doing research related to Casa Congo’s programs, (iii) providing services of charitable and/or humanitarian nature in favour of Casa Congo on a fully voluntary basis, and/or (iv) attending the activities, even of hazardous nature, made available by Casa Congo (including, but not limited to, prefabrication of community housing or furniture, beach clean-ups, plastic recycling, reforestation) either paid or free of charge (hereinafter the “Activities”), in the premises and facilities of Casa Congo in El Astillero, Tola, Nicaragua and the areas around (hereinafter, together the “Facilities”).
In light of the above, Casa Congo and Visitor on behalf of himself/herself and of Ward
hereby acknowledge and agree as follows
1.Undertakings and declarations
1.1. Visitor and Ward declare to have read and fully understood the Code of Conduct of Casa Congo providing a set of mandatory principles for appropriate conduct and behaviour and which is attached hereto under Annex A and forms an integral part of this Agreement.
1.2. Visitor and Ward undertake to carry out the Activities and to act for the entire time of the stay at the Facilities (i) in compliance with the Code of Conduct of Casa Congo, (ii) in compliance with the applicable laws and regulations; and (iii) without causing any damage or harm of any kind to Casa Congo, its representatives, directors, officers, employees, volunteers, visitors, other persons staying at the Facilities, entities, organizations and corporations affiliated therewith (hereinafter, together the “Third Parties”) and any movable and immovable property at the Facilities. Visitor and Ward agree to indemnify any of such damage and/or harm caused to any of the said parties.
1.3. Visitor represents and warrants to have the legal power and authority to enter into this Agreement on his/her behalf and on behalf of Ward.
1.4. With reference to Ward, Visitor – in his quality of legal guardian of Ward – hereby: (i) grants any required permission and/or authorization for Ward to take part to the Activities and for Ward’s stay at the Facilities of Casa Congo; (ii) undertakes to cause that all obligations set forth under this Agreement shall be fulfilled also by Ward; and (iii) undertakes to be jointly liable with Ward for all the obligations and duties of Ward set forth under this Agreement.
2. Assumption of risk
2.1. Visitor and Ward: (i) warrant and represent that he/she and Ward are physically, mentally and emotionally fit and do not have any medical condition or other limitation that would put him/her or Ward at risk for injury as a result of Visitor’s or Ward’s participation in the Activities; (ii) acknowledge that Visitor and Ward take part to all the Activities at their will and risks; and (iii) accept all risks, hazards and losses – either known or unknown – related to the Activities.
2.2. Visitor and Ward hereby release, waive and discharge Casa Congo and the Third Parties from any and all damages, claims for personal injury, illness, loss of life or damages to property resulting from, or relating to, Visitor’s and Ward’s participation to the Activities and/or their stay at the Facilities.
3. Indemnification
3.1. Visitor and Ward agree to indemnify and hold harmless, to the fullest extent permitted by the applicable laws, Casa Congo and the Third Parties from and against all damages, claims, costs, liabilities, suits, causes of action, judgments, fines, penalties, and/or other losses of any kind or nature whatsoever incurred or suffered by Casa Congo and/or the Third Parties arising from – either directly or indirectly – the behaviour and/or conduct of Visitor and/or Ward in the performance of the Activities and/or stay at the Facilities.
4. Nature of the relationship
4.1. Visitor and Ward declare and acknowledge that: (i) he/she and Ward are not employees, partners, agents, representatives or contractors of Casa Congo under any applicable law or regulation; and (ii) he/she and Ward are not entitled to any remuneration or any other benefit from Casa Congo and/or any of the Third Parties in relation to the Activities and the stay at the Facilities.
5. No Insurance
5.1. Visitor and Ward understand that Casa Congo will not provide Visitor and Ward with any insurance for personal injury or property damage. Therefore, should Visitor and/or Ward be injured or become ill in the course of the Activities, Visitor and/or Ward shall provide to the relevant medical assistance at his/her/their own costs.
6. Personal data
6.1. Visitor understands and agrees that Casa Congo may process personal data of Visitor and/or of Ward provided to Casa Congo prior to enter into this Agreement and/or in the following phases of the latter (e.g., identification and contact data; data belonging to special categories such as data concerning health).
6.2. Casa Congo ensures that the processing of Visitor’s and Ward’s personal data will be carried out for (i) the execution of this Agreement (e.g., learning and/or doing research related to Casa Congo’s programs; providing services of charitable and/or humanitarian nature in favour of Casa Congo) entered into by and between Visitor, and/or Ward on Visitor’s behalf, and Casa Congo and (ii) to allow Casa Congo to comply with obligations established by the applicable laws of this Agreement.
6.3. Casa Congo informs Visitor that Visitors’ and Ward’s personal data may be communicated to third parties (both internal and external) who may provide assistance and/or services to Casa Congo for the pursuit of the Activities.
6.4. In light of the above, Casa Congo ensures that the processing activity of Visitor’s and Ward’s personal data will be carried out in respect of confidentiality, proportionality and necessity principles.
Visitor hereby declares that he/she has carefully read and examined all the clauses included in this Agreement and, in particular, declares that he/she specifically accepts, on behalf of himself/herself and of Ward, Clauses no. 1 (Undertakings and declarations), 2 (Assumption of risk), 3 (Indemnification), 4 (Nature of the relationship), 5 (No Insurance), and 6 (Personal data).
Annex A
Code of Conduct of Casa Congo
1. Be efficient and responsible with the use of resources on the site.
2. Respect the local environment and take accountability for any damage caused by your conduct.
3. Do not possess, consume, sell, distribute or exchange drugs or other illegal substances or be under the influence of either while staying at Casa Congo.
4. Smoking only in permitted open areas and in absence of children.
5. Respect the schedules of the activities and participate in the sustainable development program with a conscious and positive attitude.
6. Adequately use the tools and equipment provided for the activities.
7. Do not expose yourself to potentially dangerous situations that might threaten the integrity of your own life, the life of others or the image of Casa Congo.
8. Respect public peace after 10:00 p.m., except for nocturnal activities organized by Casa Congo.
9. Be prepared to be adaptable and flexible based on the context.
10. Be willing to learn, work in team with the local community and form friendships with people from Nicaragua and all over the world.
The above terms and conditions apply for visitors and volunteers while they’re staying at Casa Congo or participating in Casa Congo supervised activities.