Disclaimer - Hazardous Areas and Activities
Three (3) documents comprise the basis of a contract between us, this document, the Contract, and the Terms and Conditions. Please read and print all three documents, complete and sign where appropriate (if unsure, please contact me for advice), then send them to me at the following address:
Andrew Sanderson, 2 Highgates, Church Road, Gosfield, Essex CO9 1TL, England
Any use of the property known as Rua do Seixo No. 22, Pregoinho, 3440-136 Couto do Mosteiro, Santa Comba Dão, Viseu, Portugal is subject to the following disclaimer:
"I", "me", "my", and other words in the first person refer to Andrew Sanderson, Proprietor.
The property is not a padded cell. The main house, its annexes and outbuildings, the garden, swimming pool and other facilities on the site are of older style and age, and do not in general conform to the most modern standards. Therefore, certain areas require an additional amount of care and common sense when traversed or used.
Except in the case of my gross negligence proved in court, I shall be held harmless against any and all liability, loss of life and/or property, damage or expense, including, without limitation, legal fees and other costs of litigation, resulting from any and all swimming pool accidents or other incidents occurring at my property arising from any reason, including (but not limited to) the incompetence, carelessness, or lack of control of guests.
The entire property contains dangers normally encountered in any home, including (but not limited to) water, electricity, steam, trip hazards, slippery floors, slippery bath and shower room surfaces, steps and stairs, weakened furniture, combustible materials, poisonous chemicals, hard surfaces, pointed objects, glass mirrors, etc. Normal caution is to be exercised by all guests when using the property and its outbuildings, pool and garden facilities, in addition to the specific points raised below.
This disclaimer must be signed by the person or their agent making the booking, at the time of booking, or the contract cannot be made. However, if for any reason this disclaimer is not signed, any contract otherwise made will remain valid with this disclaimer as part of its terms.
Any clause within this disclaimer found not to be enforceable will not invalidate the remainder of the disclaimer, nor any part of the contract, and the remaining clauses will continue to apply.
- In particular, the swimming pool, annexe, and other outbuildings are potentially hazardous areas of the site.
- Prospective guests will be required to read this entire document carefully and to sign it to agree, as a condition of occupancy of the house or any part of the grounds by any or all of the occupants specified in the contract as a member of the visiting party.
- The signature of the guest or their agent making the booking will be taken to include agreement to this disclaimer by all members of the visiting party. The guest or their agent making the booking agrees to ensure that all guests 18 years of age or over have read, understood, and have fully agreed to its terms, and that all guests under the age of 18 are not permitted to access the above-mentioned areas without constant adult supervision. It is the joint and several responsibility of the visiting party to ensure that all persons in the party are fully briefed in advance of the visit.
- Other guests to the house may not use or visit these areas at any time.
- No alcohol may be consumed by anyone using or planning to use or visit any part of the property mentioned in this disclaimer referring to the annexe and the swimming pool.
- No pets including dogs may be allowed to traverse any part of the property mentioned in this disclaimer referring to the annexe and the swimming pool.
- Due to the very high risk of fire, no naked flames whatsoever (including lit cigarettes and cigarette lighters) shall be used within ten metres of any grass or other combustible material, anywhere on the site, other than a properly-monitored barbecue fire in the built-in barbecue oven and/or bread oven under the car port. Sufficient water or other suitable means of fire control will be maintained within easy reach.
- The metal vine arbours, gates, ladders, fences, walls and railings in any part of the property may not be climbed.
- The northern of the two wells, next to the forest road, is disused. It may not be entered.
- The southern of the two wells, between the main house and the kitchen, is in use. It may not be entered and the heavy concrete central access panel may not be moved.
- All pool facilities are to be managed and administered only by myself or any such person as I shall nominate. I and any of my agents may visit the property to attend to the pool systems at any reasonable time during daylight, and in emergency at night.
- Any webcam or CCTV is installed for safety and security reasons and is not used for constant surveillance.
- The small tiled pool pumphouse, the services cave under the main house (behind the green metal doors), and any roof area (such as the first floor verandah in the main house) may contain various electromechanical and/or plumbing installations, to be accessed and maintained by trained personnel only. Accordingly, these areas shall not be accessed by unsupervised children and are not intended for any recreational activities. The position of any taps and switches in these areas must not be changed. Any faults or costs arising out of tampering with such equipment may affect your security deposit.
- Any damage to any of the buildings, facilities, fixtures and fittings shall be reported immediately, so that it may be repaired in advance of the next possible period of rental.
USE OF THE ANNEXE AREA AND TOWER:
- The available area of the annexe consists mainly of a large room currently used as a tool/equipment storage area, and soon will contain various games such as a table tennis table. The tools are potentially hazardous and may neither be touched nor used. The canoes do not belong to me, are in poor condition, and may not be used. The stairs up to the entrance door are unrailed, with a narrow ledge along the south side wall, level with the vine arbour, this general area affording a considerable risk of a potentially fatal drop onto tiles, cobbles or concrete. This area may not be traversed by anyone who has not been fully briefed as to the dangers of using the area.
- The ground floor of the annexe (adega, toilet, and other rooms) are out of bounds and may not be entered.
- The verandah over the car port is fenced. Guests may use the area, but may not walk on or otherwise place a load on the tiled roof of the car port.
- All areas forming part of the property to the north and east of the annexe are out of bounds to guests and may contain considerable unforeseen and hidden dangers. This includes, amongst other places, the dog kennel, a ruined storage building with unstable walls and a derelict building containing the screw of an old olive press along with various other items and materials.
- The long shed with the corrugated iron roof, the derelict wooden buildings near the large cork oak tree and the strip of land to the other side of the swimming pool from the main house are NOT PARTS OF THE PROPERTY AND MUST NOT BE ENTERED AT ANY TIME. They belong to my neighbour, Sr. Arlindo Costa.
- The annexe tower upper storeys are accessed by steep metal staircases. The staircases are very secure, but guests must still exert extreme caution within the tower to prevent a fall. The tread depth is short therefore I suggest that guests descend the stairs backwards, securely holding the hand rail. Guests should not lean out of any of the tower windows, as a fall would almost certainly be fatal.
- Please ensure that all annexe and tower windows are closed and doors closed and locked after each use.
USE OF THE SWIMMING POOL:
- The pool is unsupervised. Guests are advised to exercise extreme care when using the swimming pool facilities and swim at their own risk. Swimming pools can be extremely dangerous for unsupervised children and teenagers, as well as adults swimming alone, and also unsupervised pets including dogs. Swimming pool accidents can happen to anyone, regardless of swimming ability or age. Swimmers must only use the pool when another competent swimmer is in attendance to assist in case of difficulty.
- Please be informed that there are neither safety fences nor gates surrounding the swimming pool. Therefore never leave a child or teenager or pet unattended when they are near the pool, nor leave them alone in the property. All children and teenagers and pets, regardless of swimming ability, should be constantly supervised by an adult who can swim and is able to jump into the pool to assist anyone in trouble.
- Persons under 18 years of age are permitted to use the facilities only when accompanied by an adult who shall be responsible for that person's conduct at all times.
- No smoking is permitted in the pool.
- Diving is prohibited at all times, for safety reasons.
- The pool is a "hybrid biological" design, and whilst I am fully confident to use it myself, I offer no guarantees as to its chemical or biological safety. As in any biological system, changes may happen quickly or slowly, and may be invisible. The system may fail at any time. However the combined actions of (1) the slow sand filter, (2) the growing plants in the filter, (3) a secondary phospate filter in the pumphouse, and (4) an ultraviolet steriliser also in the pumphouse, should mean that the risk of an algal bloom (evidenced by green water) should remain low, and the UV lamp should also prevent any microorganisms leaving the filter from reproducing, minimising the chance of illness being caused. This method of purification is quite similar to that used in municipal foul water treatment and the pool water should be fit to drink. However, as pool contamination from any source at any time is out of my control, DRINKING THE POOL WATER IS NOT RECOMMENDED and NO GUARANTEE WHATSOEVER IS PROVIDED AS TO THE BIOLOGICAL OR PHYSICAL SAFETY OF THE POOL. Use of the pool is ENTIRELY AT YOUR OWN RISK.
- No food is to be consumed in the pool.
- No glass or glassware is to be introduced into the pool or handled above or near it. Glass is virtually impossible to see under water and is highly dangerous to swimmers if broken.
- No drinks or other liquids are to be emptied into the pool.
- To assist in the aim of maintaining a healthy pool ecosystem in the filter, USERS MUST ENTER THE POOL CLEAN, i.e. free of sweat, sun block, and other skin preparations and make-up, free of intestinal diseases, and not losing blood (e.g. from wounds). Users MUST NOT URINATE OR DEFECATE in the pool. Apart from being disgusting behaviour, failure to follow this instruction could provide enough nutrients to ruin the pool for days or weeks while the system cleans the water of the contaminants so introduced. Please shower before and after pool use.
- The pool surround is constructed from small granite slabs which may have sharp edges. Care is required when walking on the pool surround, and when entering or exiting the pool. There is currently no pool ladder, nor are there steps, therefore the recommended exit is via the shallow end by climbing up onto the pool surround (about 1.3 metres above the pool floor) and exiting over the wall. Guests who will not be able to exit the pool by climbing out in this way (e.g. small children and infirm adults) must not use the pool without sufficient assistance to enter and exit safely.
- I accept no liability for any illness or injury resulting from overexertion, or any precipitation of any medical condition caused by the use of the swimming pool facilities.
- The pool LED lighting system in the four corners is supplied by a low voltage 12V DC battery recharged by a small solar panel, and is safe to operate by pressing the push button (which will give approximately one hour of lighting before switching off automatically) on the pumphouse wall. Nevertheless, please operate the button with dry hands. No other parts of the pool control and/or water delivery systems may be touched.
- The pool area is to be left tidy with the circular fabric covers (plastic lilies) carefully replaced after each use. The covers are not toys and may only be used for covering the pool surface. Any damage to the covers may affect your security deposit. In winter the main tarpaulin over the pool must be reinstalled after the period of rental.
- Authorisation to use the swimming pool facilities cannot be transferred/assigned. The pool is not available except to parties to a contract to rent the property, for the duration of the rental contract, or my own private guests only. I, and my private guests, undertake to refrain from use of the pool during the period of your rental of the property.
- Any outside organisation hiring the pool by special arrangement for group swimming sessions will need to provide a qualified lifeguard.
- The pool may be closed for essential maintenance work, special functions, or for any other reason I may feel necessary. If the use of the pool needs to be limited by prior notice, the pool will be available at the prescribed times only.
- In no event will I be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the swimming pool. No responsibility will be accepted for loss or damage to the property or valuables of any member or guest even those that are left outside by the pool or anywhere else on the property overnight.
- Do not use the swimming pool if there is any chance of lightning. If you see lightning or hear thunder you must evacuate the pool immediately and remain clear until the danger has passed.
- Spot the dangers: swimming pools can be hazardous. Water presents a risk of drowning, and injuries can be caused from hitting hard surrounds.
- Always stay within your ability: also never swim after a heavy meal or alcohol. Take care if you have a medical problem such as epilepsy, asthma, diabetes or a heart condition.
- Check the depth of water: the pool is not suitable for diving, therefore diving is prohibited.
- Avoid unruly behaviour: for instance, running, ducking, acrobatics, shouting and screaming.
- Guests are required to use the pool facilities in a proper and reasonable manner. I reserve the right to deny access to the pool facilities to any guest or member who I deem to have failed to comply with any requirement relating to pool use.
- If anyone gets into difficulty that is beyond your capacity to deal with, get help immediately. In an emergency, keep calm and do exactly as you are told. The emergency telephone number in Portugal is 112.
Please indicate your acceptance of the above disclaimer by ticking ONE of the boxes below and adding your visit dates and signature.
Disclaimer form to be completed by the organiser of all visiting parties:
I, [Name] _______________________________________________, am the organiser of the party visiting the property known as Rua do Seixo No.22, Pregoinho, 3440-136 Couto do Mosteiro, Santa Comba Dão, Viseu, Portugal (web site at http://www.holiday-house.eu), between the dates specified below. I agree that I HAVE READ THIS DISCLAIMER DOCUMENT IN ALL ITS PARTS, I understand that it forms a part of the rental contract, and I agree THAT I WILL ENSURE THAT ALL MEMBERS OF MY VISITING PARTY ARE MADE FULLY AWARE OF AND COMPLY WITH ITS PROVISIONS. Dates of visit: _______________________ to _______________________ TICK ONE BOX: EITHER: [ ] We REQUIRE access to the pool and annexe areas. OR: [ ] We DO NOT require access to the pool and annexe areas, and WE AGREE TO KEEP OUT OF THESE AREAS AT ALL TIMES. As the Organiser of this holiday visit, I confirm that I have read the above Disclaimer document, and that I will ensure that all members of my visiting party are made fully aware of and comply with its provisions. Signature of Organiser: _______________________________ Date of signature: _______________________