The client is hiring bicycles from Tracks and Pedals (Domingo Rus Arce, VAT number 73916388T) and is subject to all the terms and conditions of this contract:
BICYCLE AND ACCESSORIES
The customer is responsible for taking care of and returning the bicycle and accessories (padlocks, keys, basket, helmet, child seat…).
Bicycles and accessories must be returned in the same conditions as those in which they were hired. The customer must respond to any damages caused to the bicycle and/or accessories once they are received by clients.
The client is obliged to padlocking and tying up the bicycle (pass the bike lock trough the frame, seat, wheels and tie it up to a post fixed to the ground or a bike parking rack). It is recommended to keep your bike with you and within sight when possible.
In the case of theft or loss of the material, the client must pay for it to Tracks and Pedals, according to market price. If the bicycle is not returned, the amount to be paid will vary depending on the model: 999 € for Orbe MX 29” bike, 1400 € for Focus Mtb bike and Orbea Alma, 1200€ for BH Sphenne Road Bike and 1800€ for Focus Full Carbon bike.
PAYMENT AND DEPOSIT
Payment method: By cash when receiving the bicycle and for the amount of time specified in the rental contract.
It will be necessary to make a deposit of 50 € for MTB Orbea MX 29 and 100€ for MTB of upper range and Road Bike (in cash) or to leave the original of an identity document (identity card, driving license, passport) for the duration of the rental.
The deposit is made in anticipation of possible damages, or as a precaution in case the bicycle and the accessories that have been rented are not returned. It will be given back to the client after the bicycle is returned in the same condition in which it was hired.
The payment and the deposit will be made entirely and in advance at the time of rental.
The bicycle must be returned on the day and time specified in the contract. The delay in returning the bicycle will imply the payment of the corresponding rate. Money will not be refunded if the bicycle is returned before the time agreed.
Helmets will be provided free of charge. Hiring a child seat will imply an additional charge of 5€ per day.
PUBLIC LIABILITY AND LIMITATIONS
Tracks and Pedals will not be responsible for accidents, injuries, or damages caused to oneself and/or to others or their properties, or for the loss of objects during the rental. It will be the client’s responsibility to take the appropriate security measures to avoid the bicycle theft or loss. In case of theft, loss, etc, the client will have to pay for the lost or stolen object.
Clients undertake to park the bicycle in suitable areas watched by them which do not block the way or cause potential insecurity situations.
The person signing the rental contract must be over 18 and will be responsible for the hired equipment. It is the client’s responsibility to obey the Spanish traffic rules and regulations.
This contract is ruled by the Spanish law.
The client declares to have read and accepted the previous conditions
1.- Identification of the company.
The active tourism company Tracks and Pedals, is owned by Domingo Rus Arce with EU VAT number 73916388T and address in C/Soroller, 5, 46780 Oliva (Valencia, Spain), is inscribed in the Company Registry of the Tourism Agency of the Valencian Autonomous Community (Turisme Comunitat Valenciana) as an active tourism company with the code TA-48-V, and as a travel agency with the code CV-Mm2183-V.
The company also provides a website with information about it and its activities or trips in www.tracksandpedals.es. The main email address to contact Tracks and Pedals is email@example.com.
2.- Risk management.
The activities offered by Tracks and Pedals imply an inherent and even deliberately sought risk, which the participant assumes and accepts. Taking this into account, it is not the responsibility of Tracks and Pedals to plan and carry out activities that are free from danger or “safe”, but to manage their risks in order to keep them within certain limits so that engaging in the activity does not entail damage to the physical integrity nor the life of the participants.
To that aim, Tracks and Pedals undertakes the following:
The technical staff will be qualified for the activity or trip to be carried out.
The activities and trips will be covered by public liability and accident insurances.
The activities and trips will be planned properly, especially with regard to risk and adversity management.
3.- Information about the activities.
In addition to providing information about the type of activity, the place where it will be carried out, the materials/equipment necessary and its duration, Tracks and Pedals also commits to specify, by means of scales or descriptions, the technical and physical difficulty of each activity. Tracks and Pedals may establish requirements or individual conditions of access to the activities or trips, only when this is considered necessary to preserve the minimal safety conditions of the activity or to guarantee its optimal performance and enjoyment for the participant and the rest of the group. The participant must find out all the relevant information about the activity to be done in order to make sure that said activity is indeed what they look for and that it is appropriate for their personal characteristics.
Regarding the necessary materials and equipment, the activity data sheet will indicate which materials and equipment will be supplied by Tracks and Pedals and included in the price, and which materials and equipment must be provided by the participant.
Tracks and Pedals reserves the right to modify the training offer featured on their website (modifications about activities, dates, schedules, locations, prices, offers and other commercial and service terms) at any time. Tracks and Pedals makes every possible effort to make sure that the information displayed on its website is accurate and has no typographical errors. In the event that, in spite of our efforts and totally involuntarily, such an error would ever appear in the information offered by Tracks and Pedals, we would proceed to amend it as soon as possible. Should there be a typographical error in any of the prices stated, and a customer would have taken a purchase decision based on such error, Tracks and Pedals will communicate the mistake to the customer and he/she will have the right to cancel their registration free of charge.
The contents provided on the website www.tracksandpedals.es may, in some cases, feature provisional information about some activities or trips. In the case that the information provided would not match the final characteristics of the training, the customer will have the right to cancel their registration free of charge.
4.- Minimum and maximum ratios for groups.
The activities or trips organised by Tracks and Pedals must count on the participation of a minimum number of people, which is determined by safety and/or economic profitability reasons.
Likewise, Tracks and Pedals also sets limits to the maximum number of participants per guide or technician and for each activity or trip, in order to guarantee the minimal safety conditions and an adequate use and enjoyment of the activity or trip in question by the whole group, which could not be guaranteed if the group would be excessively large.
5.- Psychological and physical condition.
The participant must inform Tracks and Pedals or, at least, the guides, technicians and instructors about:
Any health problems (allergies and illnesses).
Any treatment with medications that could impair their usual abilities.
Any incidence occurred during the journey to the activity (whether physical, mental, material, etc.), even if it could be deemed insignificant, such as dizziness caused by the journey or weakness caused by an insufficient breakfast, to put some examples.
The participants must undertake not to be under the influence of any alcoholic, psychotropic, stimulant or hallucinogenic substances in the dates in which the activities take place.
The prices are stated in euros and per person, and they include the services offered by the guides, technicians and instructors of Tracks and Pedals and the applicable VAT. Unless expressly indicated to be otherwise, the hiring of external services (hotels, mountain shelters, lodgings, meals, transportation, cable railway, etc.) will be borne by the participant.
7.- Registration in the activities.
The registration in the activities offered by Tracks and Pedals must be documented. The participant must fill out the registration form and send or submit it to Tracks and Pedals, mainly through their website www.tracksandpedals.es.
The registration shall not be deemed formal and effective until the price/booking of the contracted activity or trip has been paid, according to the procedure indicated in the following clause.
8.- Method of payment.
The 100% of the activity or trip must be paid to Tracks and Pedals before the 48 hours prior to its start, unless the specific conditions of the activity or trip indicate other payment terms. The 30% of the final price shall be paid in advance at the time of booking.
The payment of the activities or trips organised by Tracks and Pedals must be done using one of the following methods:
In cash, at the Tracks and Pedals office.
With credit or debit card.
By bank transfer or direct deposit to the following bank account number (Banco Santander):
ES24 0049 0818 3226 1037 3754
If the payment is made through bank transfer or direct deposit, the participant must send by any means of communication or hand over the bank receipt of said deposit or transfer to Tracks and Pedals or, if applicable, to the guides, technicians or instructors before the start of the activity.
The payment must always be made in euros.
In certain cases, and in order to prevent possible fraud, Tracks and Pedals reserves the possibility to choose a specific method of payment, particularly in those cases where the identity of the holder of the means of payment is not duly verified.
When the customer decides to cancel an activity or trip, he/she must take into account that there are costs assumed by the agency in terms of payments to providers which, in most cases, may not be refundable, such as payment of certain accommodations, excursions or issuance of plane tickets. In these cases, said costs must be covered entirely by the traveller.
In case of withdrawal, the following percentages will be added to the total price of the trip, based on the moment in which it takes place and it is communicated to the agency:
a) Between 2 months and 15 days before departure: 5%
b) Between 14 and 3 days before departure: 10%
c) Within the 48 hours before departure: 25%
d) In case of no show of the customer at departure, in the time and place agreed, or without the necessary documents, the customer shall be obliged to pay the total cost of the trip or activity, settling, if applicable, any balance due.
The customer of a package travel may transfer their booking to a third person, by written request, at least 15 days before the start date of the trip, unless the parties agree on a shorter period in the contract. The transferee must satisfy the same requirements as the transferor which are required in general for the package travel, and both will be jointly and severally liable to the travel agency for the payment, the price of the trip and any additional costs arising from the transfer.
In those cases of a booking transfer where the plane ticket has already been issued and notified to the customer, the agency will be under no obligation to bear the costs derived from a change of the plane ticket passenger or a new purchase of flight services. The jointly and severally liable parties of the transfer shall be responsible for the issuance of new plane tickets.
Booking modifications: Any change and/or modification requested by the customers once the booking process has started (whether accepted or not) will incur administrative fees ranging from 30 to 55 euros, depending on the destination.
Tracks and Pedals has the right to cancel the trip or activity in cases of force majeure. It will be considered force majeure any kind of circumstance that is external to the control of the parties, extraordinary and unforeseeable, and whose consequences are totally unavoidable, in spite of having responded to it with due diligence.
The agency might cancel a trip due to force majeure cases, and the traveller will have the right to a refund of the amounts paid, except the administrative fees and those expenses which would have been notified as non-refundable (payment for certain accommodations, excursions or plane ticket issuance, among others).
The cancellation of an activity or trip will, under no circumstances, imply the refund of a sum greater than the cost of the activity or trip in question, and it will not obligate the organiser to offer a compensation.
If, due to force majeure causes, it were impossible to continue with the journey, the organiser shall assume the costs of the necessary accommodation, of an equivalent class whenever possible, for a period not greater than three nights per person. The traveller will have no right to receive any refund or compensation.
Unless there is any indication to the contrary stated in the programme, the participant will be responsible for the costs and the arrangement of the transportation until the meeting point agreed with the Tracks and Pedals staff. The participant must arrive to the activity location with enough time in advance to solve any unexpected event or need. Likewise, the guides, technicians and instructors of Tracks and Pedals accept their duty to arrive on time according to the agreed schedules. The repeated incidence of small delays has a direct and very negative impact on the safety, the harmony within the group and the correct execution of the activity.
11.- Start of the activity.
The informative or explanatory session previous to the activity is considered the START of the services.
12.- Safety rules.
During the whole duration of the activity, the participant shall pay full attention to the instructions he/she may receive from the organisation, with special attention given to the guides, technicians and instructors in charge of the activity, following all the action and/or safety indications that they may provide.
Without the awareness and the express authorisation of the persons responsible, the participant will not position him/herself in potentially dangerous places such as steep slopes, precipices, unstable terrains, turbulent water currents, chasms, ice patches, icy areas, landslides, avalanches, etc.
13.- Use of the safety equipment or material.
The participant will make sure that he/she wears properly and at all times all the equipment specific to the activity, with special attention and care given to the protection and safety equipment, both individual and collective; he/she will preserve the materials assigned for the activities and will notify immediately in case of any damage or loss during the course of the activities. The equipments provided to carry out the activities are not items to play with, and making a proper use of them will guarantee that the activity is much more agreeable and safe.
Upon completion of the activity, the participant will return all the provided materials to the people in charge. In case of damage or loss of the materials borrowed or rented by Tracks and Pedals that is due to negligence by the participant, he/she might have to pay for its value or provide a replacement.
14.- Environmental rules.
The participant shall show deep respect for the natural environment in which the activity is carried out, having special care in protected natural areas, where, in addition, he/she shall comply with the regulations that apply to those protected areas. It is not allowed to leave any residues or waste in the natural environment. Moreover, the participant shall respect other groups or individuals that may be present in the areas where the activities take place.
15.- Duty of collaboration.
The activities are performed as part of a team, which means that the participant must collaborate with and help other participants and the people in change of the activity when necessary. The participant will not assume, under any circumstances, the duties or responsibilities of the guides, technicians or instructors, and will avoid arrogant or show-off behaviours, which usually end up deteriorating the atmosphere within the group.
16.- Modifications in the programme.
If, before the departure of a trip or the start of an activity, Tracks and Pedals would be forced to significantly modify any of the main aspects of the trip or activity, the customer will be notified about it at once, whether directly or via the retailer agency. In this case, the customer will have the option to cancel the trip or activity contracted without any penalty, or to accept the new conditions proposed. The customer must communicate their decision to Tracks and Pedals or, when applicable, to the retailer agency, within the three days following notification of the changes. If the traveller fails to communicate his/her decision within the period indicated, it will be understood that he/she has decided to terminate the contract without penalty.
If Tracks and Pedals would not be able to offer some of the contracted services during the trip or activity, we will refund the price of said activity or try to find a service of similar characteristics. If the customer continues participating in the solutions provided by Tracks and Pedals, we will consider that he/she implicitly accepts those proposals.
If the customer voluntarily chooses not to participate in any activity, Tracks and Pedals will in no case be under the obligation to refund any amounts paid.
The routes described in the programmes may be followed in the direction stated in the technical data sheets or in any other direction.
In those cases in which Tracks and Pedals expressly specifies that the viability of a package travel offer is subject to reaching a minimum number of participants and, due to failure to reach this number, the activity or trip needs to be cancelled, the user will be entitled only to a refund of the total price or the amounts paid in advance, and will not be entitled to claim any compensation, provided that Tracks and Pedals or the agency have notified them in writing at least 20 days before the expected start date of the package travel.
The activities consisting of one or two days are subject to weather conditions and the characteristics of the people participating in them. The schedules, itineraries and procedures to follow may be modified or even cancelled, in part or as a whole, if the circumstances so require it in order to maintain the minimum safety conditions. This will always be decided at the discretion of the company or of the guides, technicians and instructors acting on behalf of Tracks and Pedals. In those cases, there will be no refund of any amounts paid by the participant, since these factors are unforeseeable (provided that the activity had already started). If the activity had not yet started before cancellation, the amounts paid by the participants would be refunded.
For each activity or trip, Tracks and Pedals will specify the type and quantity of material required. If any participant is missing any essential piece of equipment, the people in charge of the activity may suspend or delay its start until the issue is solved or even choose to continue with the schedule without the affected individual, if the lack of these elements could be attributable to the participant.
17.- Exclusion/ban from the activities.
The guides, technicians or instructors, on behalf of Tracks and Pedals, may exclude or ban any participant from the activities, and the excluded participant will lose any right to a refund, if any of the following cases apply:
Not bringing the equipment or materials required, especially those related to protection and/or safety, when this might lead to any risks to their own health or physical integrity or that of third persons.
Having any illness or injury for which the contracted activity is not advisable.
Lack of the physical or technical level necessary to carry out the activity.
Being under the influence of alcoholic, psychotropic, stimulant or hallucinogenic substances during the course of the activity.
Failure to comply with the safety and/or group control instructions given by the technician or guide.
Causing damages to the borrowed or rented equipment or materials, whether deliberately or due to carelessness.
Infringement of legal regulations, especially criminal or administrative law offences.
Repeated or serious acts of disdain, mockery or humiliation towards the rest of team mates or other people.
Repeated or serious acts that, disobeying the instructions given by the technician or guide, pose a risk for the health, the physical integrity or the life of the participant or of third persons.
In these cases, Tracks and Pedals disclaims all responsibility for any accident caused by the imprudence, negligence or recklessness of a participant.
18.- Suspension of the activities.
Once any activity or trip has started, Tracks and Pedals may cancel them, if a modification of the programme would be unfeasible, due to the following causes:
An order from the administrative authorities.
By group agreement.
In these cases, Tracks and Pedals will not refund any amount or offer compensation to the participants, and the activity will not be postponed to another date.
19.- Image protection rights.
Every person who takes place in the activities offered by Tracks and Pedals has the right to the protection of their image. In principle, Tracks and Pedals assumes that the participants consent to the use of the images taken of them during the course of the activities in information campaigns that Tracks and Pedals may conduct in the future, and to show them to other participants that take or may take a trip and/or activity with the company. However, if a participant expressly objects to this use of their audiovisual material, Tracks and Pedals will not publish it or will delete the images and/or videos where this person appears.
20.- Evaluation of the activities.
Any participant in the activities and trips offered by Tracks and Pedals is encouraged to communicate to the organisation constructive feedback and comments, since they help us to constantly improve the quality of our services.
Of course, there is also a complaint form available for all users at the Tracks and Pedals office.
Taking part in any of the activities organised by Tracks and Pedals implies the acceptance of these terms by the participant.