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- These general conditions apply to any tender, offer or agreement between Andalucía Bike Tour (Chamber of Commerce Seville, Spain B-90005083), hereinafter called the Executor, and the User and/or Supplier, unless the parties have expressly agreed otherwise in writing.
- The User is the party that solely or on behalf of several persons, books a tour in writing, by email or by telephone with the Executor, and as such is known to the Executor by name and date of birth.
- The Supplier in some cases undertakes to provide (part of) the tour for the Executor in Spain.
- If one or more of the provisions contained in these general conditions are at any time wholly, or partially invalid or void, the remainder of the provisions will remain fully applicable. The Executor and the User will then consult with each other and agree a new provision to replace the one that has become invalid or void, wherein the purpose and intent of the original provision are observed as far as this is possible.
- If uncertainty exists regarding the interpretation of one or more of these provisions of these general conditions, then the explanation must be found 'in the spirit' of these provisions.
- If a situation arises between the parties that is not covered by these conditions, that situation should be assessed in the spirit of these terms and conditions.
- If the Executor does not always strictly observe these general conditions, this does not mean that the provisions therein do not apply, or that the Executor loses his rights to any extent, or otherwise demand strict compliance with the provisions of these general conditions.
- Offers and Deals
- All bids and offers made by the Executor are without any obligation, unless a deadline for acceptance has been made. A bid or offer expires if the product to which the offer or bid relates is no longer available. Andalucía Bike Tour S.L. maintains the right to erase offers from the website or redirect links to alternative products at any time.
- The Executor cannot be held to bids or offers if the User can reasonably accept that the bids or offers, or any part thereof, contains an obvious mistake or error.
- Bid or offer prices are inclusive of VAT and other government taxation and levies.
- If the acceptance (whether or not subordinate items) of the tender or offer differs from the offer made by the Executor, the Executor is not bound to accept it. There will be no agreement with respect to this differing acceptance, unless the Executor indicates otherwise.
- A compound quotation will not oblige the Executor to execute part of the order against a corresponding part of the price.
- Offers do not automatically apply to future orders.
- Contract, execution and changes
- The agreement between the Executor and the User for booking a tour is valid between the starting day of the undertaking, until the last days of contracted tour, unless the nature of the agreement dictates otherwise, or if the parties expressly agree otherwise in writing.
- The agreement comes into effect after receipt of the confirmation from the Executor to the User by way of a telephone, email or a written message.
- If the Executor requires information from the User that is essential for the implementation of the agreement, the execution period will only start after the User has made the required information available to the Executor.
- If during the execution of the agreement it occurs that for proper implementation it is necessary to amend or supplement the agreement, then the parties will discuss at their earliest convenience how to amend the agreement. If the nature, scope or content of the agreement, whether or not at the request or indication of the User or the competent authorities, is amended and the contract is qualitatively and / or quantatively changed. This may have consequences for what was originally agreed. This might also increase or decrease the initial agreed tour price. In such cases the Executor will offer a new quotation to the User as soon as possible.
- If the agreement is amended, including any possible additions, the Executor is authorized to implement it only after appropriate agreement is given by a competent representative of the Executor and if the User has agreed with the price and any other conditions with respect to implementation, including the determination of time and the amendments to be implemented. Failure of immediate implementation of the amended agreement is not the Executor’s fault and will
- If the price increase is the result of an amendment to the agreement.
- If the price increase is the result of an act of power coming to the Executor or an Executor obligation under an act of law.
- The handling fee raised for a tour change or combination of changes as requested by the User amounts €50 (fifty Euro).
- Dissolution and termination
- The User is permitted to suspend, delay or cancel the fulfillment of his obligations towards the agreement with immediate effect if:
- The Other party does not comply fully or on time with the obligations under the agreement.
- After conclusion of the contract, the User is aware of circumstances that give good reason to fear that the Other party will not fulfill his obligations.
- In concluding the agreement, the Other party is requested to provide security for the fulfillment of his obligations under the agreement, and that this security fails or is insufficient.
- Due to a delay on the part of the Other party, the User can no longer be expected to fulfill the contract under the originally agreed conditions. In such cases the User is entitled to terminate the agreement.
- If circumstances arise whereby fulfillment of the agreement is impossible, or unaltered maintenance of the agreement cannot reasonably be expected of the User.
- If the dissolution is attributable to the Other party, the User is entitled to compensation for damages, including costs, created either directly and indirectly.
- If the agreement is dissolved, the claims of the User against the Other party are immediately due and payable. If the User suspends the fulfillment of the obligations, he retains his rights under the law and by agreement.
- Based on grounds stated in this article, if the User suspends or dissolves the agreement, he is in that respect not liable for any damages or costs incurred, or compensation, while the Other party, by virtue of default, is obligated to compensate the damages.
- If the agreement is terminated by the User, the User will, in consultation with the Other party, arrange for transfer of additional work to third parties unless the termination is attributable to the Other party.
- In the event of liquidation, (application thereof) suspension of payments or bankruptcy or seizure - if and where such is not lifted within a period of three months – with respect to Other party, concerning debt or other circumstance resulting in a situation whereby the Other party no longer has free access to his assets, the User may with immediate effect, terminate the booking agreement, or cancel the reservation, or contract with the obligation of the User to return the payments the Other party has made until that point. The claims of the User against the Other party in such cases will be with immediate effect.
- If the Other party cancels a reservation wholly or partly, then the following cancellation terms will apply:
- In the case of a cancellation up to 30 days before the tour starts, refund will be 100% of tour amount to the Other party.
- The refund for cancellations between 30 and 5 days before the tour starts will be 50% of the tour amount.
- The refund for cancellations less than 5 days before the tour start will be 0% of the tour amount.
- The User is entitled to cancel the agreement without further obligations up until 30 days before the start of the agreed tour provided that the Executor indicates that due to unforeseen circumstances the tour cannot be realized. In such cases, refund of the total amount for the tour will apply, unless the Other party takes up an alternatives offered by the User. These alternatives may influence the quality and/or quantity of the tour, and therefore can affect the originally agreed amount for the tour.
- Force majeure
- The User has no obligations to the Other party if he is impeded due to circumstances beyond his control, or because of legislation, or any other legal act or the generally accepted standards, and therefore cannot be held accountable.
- Force majeure means, apart from law and jurisprudence, all external causes, foreseen or unforeseen, resulting in the User being unable to influence events, and which prevent the User from meeting his obligations.
- Subject to the provisions of Article 5b, the User will refund the total tour amount (subject to the deduction referred to in Article 4h) in the event of a major natural disaster, large-scale riots or evacuations in the tour areas at the time of the tour that has been reserved.
- Customers responsibility
- Participants in the excursion are required to practice common sense, prudence and diligence, with particular reference to the equipment provided by the company during the excursion, of which the participants agree to use at their own risk.
Participants have the right to take out and purchase an insurance policy to cover potential damages to their person, third parties or equipment.
- Andalucía Bike Tour waives all claims for damages made against them, and accepts no liability for any damage to the participant, third parties and equipment caused during excursions.
- The organization does not assume responsibility for loss of baggage, money, valuables or other items during the trip.
- Participants will be held responsible for any damage to the equipment provided to them by the company Andalucía Bike Tour
- Participants of the excursion affirm that they are entirely responsible for their own actions, and that any claim for damages to the company Andalucía Bike Tour are waived. In particular, clients declare that:
- they are able to ride a bike safely;
- they are of good health;
- The parties agree that any dispute that may arise out of the interpretation or the application of this Agreement must be resolved exclusively by the Court of Seville. Any other court of law is expressly waived.
- Participants must provide the organization with a valid ID (passport, identity card and visa and health certificates should they be so requested).
Participants in the excursion are required to practice common sense, prudence and diligence, particularly with reference to the equipment provided by the company during the excursion.
- Participants are liable for all damages that the Andalucía Bike Tour may endure due to the failure to comply to the above mentioned obligations.
- Payments and collection costs
- Payment must always be made within 14 days after the invoice date, in the way indicated by the User and in the currency of the invoice, unless otherwise indicated by the User. The User is entitled to periodic billing.
- After making a booking or an agreement, a payment amounting to 10% of tour amount, with a will be billed to the Other party, plus a €20 (twenty Euro) reservation fee. The remaining 90% of amount for the tour must be paid at least 30 days before the start of the tour. Tours that are booked within 30 days before the start of the tour will be billed once for 100% of the amount.
- If the Other party defaults in making the payment of an invoice on time, the Other party will be legally in default. The Other party will be charged interest at a rate of 1% of the tour per month each month, unless the statutory interest is higher, in which case the statutory interest rate will apply. The interest on the due amount will be calculated from the time the Other party is in default, until the time that payment of the full amount has been received.
- The User retains the right to use the initial payments made by the Other party to reduce the costs, by deducting the interest charges and finally in reducing the tour amount and the accrued interest.
- The User can, without being in default, refuse an offer of payment if the Other party assigns a different order for the allocation of a payment. The User can also refuse full payment of tour amount if this payment not also comprise of the accrued interest and collection costs.
- Objections to the amount on a bill or invoice do not allow the Other party to withhold payment.
- If the Other party is in default or omission with respect to fulfilling their obligations in time, all reasonable costs incurred in obtaining an out of court settlement will be on behalf of the Other party. The extrajudicial costs will be calculated on the basis of what is usual in the Spanish debt collection practice, currently under the Calculation Method II report. If the User incurs higher costs for collecting the debt, which has been deemed necessary, the actual costs for reimbursement will be placed. Any judicial and execution costs will also be recovered from the Other party. This also includes interest on the debt collection costs.
1. Andalucía Bike Tour Bike Hire – Terms and Conditions
1.1 We aim to provide high quality specialist bikes for hire. To achieve this at a reasonable cost we ask our customers to treat the equipment responsibly.
1.2 Bikes and equipment can only be hired from Andalucía Bike Tour on completion of a Hire Agreement Form. The signatory of the Form is designated as the hirer. A Booking is made by the hirer on completion of the Hire Agreement Form and by leaving an agreed Security Deposit. Upon acceptance by Andalucía Bike Tour of your completed form and binding contract is formed between Andalucía Bike Tour on the terms and conditions set out below. We reserve the right not to accept or fulfil a Booking.
1.3 All Bookings are subject to availability. When a Booking is made by one person on behalf of another person or people that person confirms to Andalucía Bike Tour that he or she has the authority to make such a booking.
1.4 The Hire period commences on the day the cycle(s) and equipment is collected or dispatched to you and continues until the cycle(s) and equipment is returned to Andalucía Bike Tour.
1.5 Bikes will not be supplied for use in any competitions, races, tests or trials whatsoever
1.6 If for any reason outside of Andalucía Bike Tour control, a bike becomes unavailable we reserve the right to substitute, with a bike of the same size and similar or better specification.
2. Hirer's terms and conditions
2.1 You are responsible for ensuring that you are physically fit enough to undertake cycling any distance or compete in events using Andalucía Bike Tour or Equipment you have booked. Andalucía Tours Bike Tour does not accept any responsibility for your failure to complete your Hire period due to lack of fitness, illness or injury. Andalucía Bike Tour does not accept liability for death, personal injury, loss or damage to personal effects to any participant, nor can Andalucía Bike Tour accept any responsibility for delays or changes to your period of Hire due to weather, strikes, war, terrorism or other causes.
2.2 You accept that cycling on a public highway and competition on such carries its own risks and you have made your booking on the basis that you undertake the Hire at your own risk. You understand and accept that Andalucía Bike Tour advises the wearing of cycle helmets at all times when riding.
2.3 You will ride your cycle responsibly at all times. You will not hold Andalucía Bike Tour responsible for any loss, damage or injury including death to persons or property with regard to the use of the cycle(s) and equipment hired. You accept responsibility to Indemnify Andalucía Tours and Discovery against any claim, interest, demand or expense in respect of such injury or damage.
2.4 You will ensure that you have suitable Insurance cover at all times during the period of your hire.
2.5 You are responsible for all cycles and equipment hired or loaned and it your responsibility to keep these items safe from damage, loss or theft, use it in a proper manner and not subject it to any misuse or unfair wear and tear.
2.6 Any damage caused due to crash or neglect is the Customer’s responsibility and will be charged for.
2.7 You will notify Andalucía Bike Tour immediately of any loss, damage or theft to the hired cycles or equipment however caused. You will be responsible for paying Andalucía Bike Tour the reasonable costs of repair or replacement for any such loss, damage or theft.
2.8 You will not offer for sale, sell, dispose, mortgage, lend, pledge or otherwise part with possession of the hired cycle(s) or equipment.
2.9 You will be liable for any loss subsequent or consequential resulting from unauthorised repairs or alterations to the bike
2.10 Andalucía Bike Tour staff is usually available by phone or email to help out with any problems during the hire period; however it is the customer’s responsibility to assemble, set up and keep a check on the bike they have hired. Whilst Andalucía Bike Tour will always do it’s best to have staff available during the hire period this cannot be guaranteed.
- All the specified and agreed tour materials, rented by the Executor will remain the property of the Executor.
- Item and materials delivered by the Executor, made pursuant to Article 7a, may not be resold and must never be used as payment. The Other party is not entitled to pledge or otherwise encumber the rented materials of the Executor.
- The Other party must, in what is reasonably expected of him, respect and secure the property rights of the Executor.
- If third parties seize goods delivered under retention of title or claim rights to establish or exercise, then the Other party is obligated to immediately notify the User.
- Guarantees, research and claims
- Tours offered by the User meet the usual requirements and standards that are assumed reasonable at the time of delivery and that are stated in the tour description.
- The guarantee under Article 8a is valid until the last day of the agreed tour.
- Any kind of guarantee will lapse if the Other party acts improperly with respect to the equipment provided by the Executor, or has made alterations to the equipment without the receiving prior permission from the Executor, or has installed other equipment to the rented items that are not permitted to be installed.
- The Other party must allow inspection of the rented equipment immediately when the Executor has made these available. It is the responsibility of the Other party to examine whether the quality and quantity of the equipment corresponds with what was agreed, and whether it meets the requirements that the parties thereto have agreed. Any defects must immediately be reported to the Executor. The Other party must give the Executor the opportunity to allow examination of a complaint with respect to defects that have been found.
- A timely complaint made by the Other party, will not suspend his participation in the tour. In such cases the Other party is also bound to execute the tour that has been booked.
- If a defect in the rented equipment is reported after the inspection and the start of the tour, the Other party has no right to compensation, unless the nature of defect or any other circumstances of the issue results in a long-term claim.
- If it is clear that the condition of the equipment rented is weak or poor and the claim by the Other party is made o time, then the Executor is obliged to repair the defective equipment within a reasonable period of time, or should offer a replacement for the equipment in question.
- If it transpires that a complaint is unfounded, then the costs incurred, including research costs and travel costs on the part of Executor will be added to the account of the Other party.
- If the User is liable, then this liability will be limited to that stated in these general conditions.
- The User is not liable for damages of whatever nature, as a consequence of using incorrect data provided by the Other party.
- The User is solely responsible for the inability to supply the tour due to the failure of the Executor.
- The Executor is only liable for injuries, damages, loss, accidents, delays or irregularities that may arise during the tour and which are emphatically due to carelessness, negligence or carelessness of the Executor with regard to the equipment or safety regulations.
- The User and the Executor accept no liability for the transfer or movement of the Other party other than during the tour as performed by the Executor or his representatives.
- The User and the Executor will not be liable for indirect damage caused during the tour, including consequential damages, lost profits, lost savings.
- The User and the Executor will not be liable for damages resulting from careless or reckless behaviour of the Other party during the tour.
- The liability of the User is always limited to the amount paid out by its insurer.
- The liability limitations stated in Article 9h do not apply if damages are the result of intent or gross negligence of the User and / or the Executor.
- Period of limitation
- Notwithstanding the statutory limitation periods, the limitation period for all claims and defense against the User and third parties involved on behalf of the User is one year.
- The provisions of Article 10a will not apply to legal claims or defense that are based on facts that would justify the assertion that the tour does not correspond with the description in the agreement. Such claims and defense lapse after two years following the period in which the Other party notified the User of such non-compliance.
- Transfer of risk
- The risk of loss or damage of the rental equipment supplied by the Executor goes to the Other party at the time when this equipment is administered by the Other party.
- Article 11 will not apply if this risk is taken by the Executor or is transferred or shifted to others by way of an insurance policy taken out by the Other party. The Other party will be informed by the User after the booking of the tour, whether such an option is applicable.
- The Other party safeguards the User and the Executor against any claims by third parties in connection with the execution of the tour and the cause of which is attributable to other than the User or the Executor.
- If the User or the Executor is addressed by third parties accordingly, the Other party is obliged to assist in the best possible way that can be expected in such cases. If the Other party fails to take appropriate measures, then the User, without any further notice, is entitled in doing so himself.
- Intellectual property
- The User reserves the rights and powers for which he is entitled under the Copyright and other intellectual laws and regulations. The User has the right, by executing an agreement, to use increased knowledge for other purposes, provided that no strictly confidential information belonging to the Other party is noticed by third parties.
- Applicable law and disputes
- Only Spanish law will apply in all legal relationships or disputes wherein the User is a party, even if the activities described in the agreement wholly or partly take place abroad or if, the party concerned is domiciled there.
- The parties will only appeal to the courts after they have done their utmost to solve the dispute through mutual consultation.
- Jurisprudence : This contract is governed by Spanish law, and must submit to the Courts of Sevilla any claim arising hereunder, the parties expressly renounce any other jurisdiction that may correspond.
The contents of this web page, including, among others, logos, commercial names, text, design, images and graphics is our property or that of one or more of the entities mentioned on the links page and are subject to the protection of intellectual property. None of the content of this web site can be reproduced, copied, transferred, published, distributed, modified or posted on other web pages or documents without previous written authorization.
Our web page may contain links to third parties. However, this does not imply our approval of the content of those sites nor the products, services or materials they offer.
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