VB MALLORCA CYCLING CENTER, S.L.U.
PREAMBLE
- These General Terms and Conditions (the "Terms") are issued by VB MALLORCA CYCLING CENTER, S.L.U., C.I.F. ES B67889519, with registered office at Carrer de la Goleta s/n, 07610 Can Pastilla – Mallorca, Spain (the "Company"), and govern the relationship between the Company and the customer in the provision of the individual types of services.
- The Terms are divided according to the type of service ordered into four parts:
PART I — Bicycle Rental (standalone rental of a bicycle without accommodation),
PART II — Package Travel (a combination of accommodation and bicycle rental and, where applicable, other travel services — a package within the meaning of the package travel legislation),
PART III — Cycling Camp (a combination of bicycle, accommodation and a sports programme — also a package),
PART IV — Accommodation Only (accommodation without further services).
- The part of the Terms corresponding to the service ordered applies to the customer; the common and final provisions at the end of this document apply to all parts. In PARTS II and III the Company is also referred to as the "Organiser". Information on the processing of personal data is also available on the Privacy Policy page.
PART I — BICYCLE RENTAL
- I.1 Scope and contract.
This Part applies where the customer orders only the rental of a bicycle, with or without additional services, without accommodation and without a package. The full terms of the rental are set out in the Bicycle Reservation and Rental Agreement, which the customer confirms upon booking and signs upon collection of the bicycle; in the event of any conflict between this Part and the Agreement, the Agreement prevails. The rental includes the "Damage Protection" service package under the Agreement; this is not insurance taken out with an insurance company, but a contractual limitation of the customer's liability for damage (damage waiver).
- I.2 Reservation and payment.
A reservation becomes binding upon confirmation by the Company and payment of the amount requested, in the manner and within the period stated in the booking confirmation. Payments may be made by payment card, by bank transfer, or in cash within the limits laid down by Spanish tax legislation (as a rule 1,000 €; 10,000 € for natural persons whose tax domicile is outside Spain and who are not acting in the course of business). The requirement of a payment card issued in the customer's name applies to the provision of security (deposit) under Article I.5.
- I.3 Cancellation terms for bicycle rental.
If the customer cancels a bicycle rental reservation, the Company charges:
a) an administrative reservation processing fee of 50 € — in all cases, regardless of the date of cancellation (corresponding to the actual costs incurred by the Company in processing and administering the reservation), and in addition a termination fee calculated on the total rental price:
b) no termination fee for cancellations up to the 30th day before the first day of the rental,
c) 50 % of the rental price for cancellations between the 29th and the 15th day before the first day of the rental,
d) 75 % of the rental price for cancellations between the 14th and the 8th day before the first day of the rental,
e) 100 % of the rental price for cancellations from the 7th day before the first day of the rental, as well as where the bicycle is not collected.
The decisive moment is receipt of the cancellation notice by the Company. The amount of the termination fee reflects the decreasing possibility for the Company to re-rent the bicycle for the period concerned; if the Company succeeds in re-renting the bicycle for the cancelled period in whole or in part, the termination fee is reduced by the income so obtained. The sum of the administrative fee and the termination fee shall not exceed the total rental price; in the 100 % band the administrative fee is not charged separately. The Company will justify the amount of the termination fee at the customer's request. Cancellation of packages is governed by Article 5 of PART II, cancellation of camps by Article III.5 and cancellation of accommodation-only bookings by Article IV.3.
- I.4 Documents upon collection.
Upon collection of the bicycle the customer shall present two valid documents (national identity card / ID, passport or driving licence) and a payment card issued in the same name as the main identity document. The bicycle will not be handed over unless these conditions are met.
- I.5 Security (deposit).
Handover of the bicycle is conditional upon security being provided for the event of damage, loss or non-return of the bicycle — a pre-authorisation of the payment card (mandate), or a deposit provided at the bike handover by payment card (a hold of the amount) or in cash — in the amount stated in the booking confirmation (according to the Company's table valid on the day of booking, published on the website). The amounts stated are maximum amounts; only damage actually incurred may be charged or set off, up to the amount of the security. The security does not limit the customer’s liability; where the actual damage exceeds the amount of the security, the customer shall pay the actual and documented amount of the damage. The Company releases the security (or returns the cash deposit) no later than 72 hours after the bicycle has been duly returned.
- I.6 Discounts and timely payment.
Price discounts are granted on condition that advance payments are made and security is provided within the periods stated in the booking confirmation. If those periods are not met, the condition for the discount is not fulfilled and the price is determined without the discount; the price without discount means the standard list price stated on the website on the day the reservation is made.
- I.7 Collection, return and condition of the bicycle.
Bicycles may be collected and returned during the opening hours of the premises, 9:00–13:00 and 15:00–19:00; the bicycle must be returned no later than 18:30 on the last day of the rental. The bicycle shall be returned undamaged and in a condition corresponding to normal use; a fee of 30 € is charged if the bicycle is returned heavily soiled.
- I.8 Territory of use.
The rented bicycle is intended for use exclusively on the island of Mallorca. If the customer wishes to travel with the rented bicycle outside the island, they must notify the rental staff in advance and obtain the Company's consent before collecting the bicycle.
- I.9 Cancellation by the Company.
If the Company cancels a rental reservation for reasons on its side, it shall refund to the customer all payments made, without undue delay and no later than within 14 calendar days.
PART II — PACKAGE TRAVEL (accommodation + bicycle)
This Part applies to packages — combinations of accommodation with bicycle rental and, where applicable, other travel services. In addition to this Part, Articles I.4, I.5, I.7 and I.8 of PART I apply mutatis mutandis to bicycle rental arranged as part of a package; cancellation of a package is governed by Article 5 of this Part, unless PART III provides otherwise for camps.
PREAMBLE OF PART II
- For the purpose of these General Conditions, the programme / brochure is the informative document in which these are included. The Programme / Offer is the description of the combined journey contained in the travel documentation (Precontractual Information and Services contracted) that constitutes the object of the combined travel contract and its Addenda.
- The information contained in the programme / brochure is binding for the ORGANISER, except if the changes in that information have been clearly notified in writing to the client prior to entering into the contract and/or prior written contract between the parties contracting. The information provided to the traveller in the Programme / Offer regarding the main features of the travel services, the price of the journey, the means of payment or financial guarantees that must be produced, the minimum number of people required to perform the journey and the traveller’s right to terminate the contract prior to commencement of the journey in exchange for adequate penalisation, this shall form an integral part of the combined travel contract, in the event of it finally being confirmed, and this shall not be amended, except if the parties subscribing specifically agree to the contrary. Prior to entering into the combined travel contract, the Organiser shall inform the traveller, in a clear, understandable, emphasised manner, of all changes in the precontractual information.
- Before the conclusion of a package travel contract, the Organiser shall provide the traveller with the standardised information form pursuant to Annex II of Royal Legislative Decree 1/2007 and the pre-contractual information pursuant to Article 153 thereof; this information forms an integral part of the package travel contract.
1. JURIDICAL REGULATION APPLICABLE TO THE COMBINED TRAVEL CONTRACT AND ACCEPTANCE OF THE GENERAL
- These General Conditions are subject to the terms set forth in Royal Legislative Decree 1/2007, of 16th November, that approves the consolidated text of the General Consumers and Users Act and other complementary laws 1 (Official State Gazette 30-11-07), and its amendments and other provisions in force.
- These General Conditions shall be included, signed by the parties to the contract, in all the combined travel contracts whose object are programmes / offers in force, and contained, if appropriate, in the programme / brochure, and binding on the parties, with the particular conditions that are established in the contract, or that are recorded in the travel documentation.
2. ORGANISATION
- Organisation of the combined journey has been carried out by VB MALLORCA CYCLING CENTER, S.L.U., T.I.N. ESB67889519, with registered office at Carrer de la Goleta s/n, 07610 Can Pastilla-Mallorca, Spain, holder of travel agency licence no. AVBAL/803. Emergency contact during the package: tel. +34 669 410 039, info@mallorcacyclingcenter.com.
3. PRICE
- 3.1 Services included in the price.
The price of the Combined Travel includes all the services and complements that are specified in the programme / offer subscribed, and that are specifically recorded in the combined travel contract, as well as Value Added Tax (V.A.T.) or Canary General Indirect Tax (I.G.I.C.), etc., when these are applicable.
- 3.2. Price review
The price of the combined travel has been calculated on the basis of the exchange rates, transport rates, cost of fuel or other energy sources, and applicable fees and taxes on the date of publication of the programme / brochure, or the subsequent ones that may have been published, if appropriate. Any change in the Price of said elements may give rise to review of the final price of the journey, both upward or downward, after its formalisation, by the strict amounts of the variations stated: After the contract is formalised, the prices may only be amended, both upward or downward, as a direct consequence of changes to:
- The price of passenger transport arising from the cost of fuel or other energy sources;
- The service of taxes or levies on travel services included in the contract, demanded by third parties not directly involved in provision of the combined travel, including tourism fees, taxes and surcharges, aircraft landing, docking and boarding or passenger landing fees at ports and airports; or
- The currency exchange rates applicable to the combined travel. Likewise, the traveller shall be entitled to the relevant price reduction for all decreases in the costs mentioned that may arise during the period between the contract being entered into and commencement of the combined travel. In that case, the organiser shall be entitled to deduct the real administrative expenses for reimbursement owed to the traveller. If the traveller so requests, the organiser must provide proof of such administrative expenses. The traveller shall be notified of such price-related amendments in a clear, understandable manner, justifying these, and calculating them on a durable medium, at the latest 20 calendar days prior to commencement of the combined travel. That price variation shall be calculated by adding / subtracting the cost increase / decrease arising from the price of the combined travel. If the increase in price mentioned exceeds eight per cent of the total price of the combined travel, within a reasonable term specified by the organiser, the traveller may agree to the change proposed or terminate the contract without paying a penalty.
- 3.3. Special offers
When the combined travel is performed due to special, last-minute or equivalent offers, at a different price to that stated in the programme / brochure / web, the services included in the price are only those that are specified in detail in the programme / offer, even when such an offer may refer to any of the programmes described in the brochure.
- 3.4. Exclusions
- 3.4.1. The price of the Combined Travel does not include
Fees, taxes and/or local charges to be paid by the client at the destination, such as tourist, ecological, hotel taxes, etc., visas, airport fees and/or entry and exit fees, vaccination certificates, beverages, special nutritional regimes – not even in cases of full or half-board, and in general, any other service that is not specifically detailed in the programme / offer, in the combined travel contract. 1 Nor does it include additional charges that may be collected by some accommodation, directly at the destination, for additional services made available to the traveller, even if they do not make use of such.
- 3.4.2. Optional excursions and accompanying events
Excursions and events not expressly included in the agreed programme of the package do not form part of the package travel contract; any publication of them is merely informative. They are arranged separately, under the conditions and at the price communicated when they are ordered.
- 3.4.3. Bicycle rental
Bicycle rental — whether standalone or arranged as part of a package — is always governed by the Bicycle Reservation and Rental Agreement and PART I of these Terms. For a bicycle arranged as part of a package, the only derogations are that the rental price forms part of the package price (where so agreed) and that cancellation is governed by the cancellation terms of the package under Article 5 of this Part.
4. TERMS OF PAYMENT. INSCRIPTIONS AND REIMBURSEMENTS
- At the moment of requesting the services, the Organising Agency may require an advance that shall not exceed 60% of the total amount of the travel, except if the service providers require advance payment of higher amounts, issuing the relevant receipt in which it specifies, in addition to the amount paid in advance by the consumer, the combined travel requested. The remaining amount must be paid according to the payment schedule set, and in all cases before delivery of the travel coupons or documentation, that must take place enough time prior to the departure date.
- If payment of the total price of the journey is not settled under the conditions stated, the consumer will be understood to have withdrawn from the travel requested and the conditions set forth in the following paragraph shall apply. All appropriate reimbursements for any item shall always be formalised through the Organising Agency where the inscription has been made, not providing any reimbursement whatsoever for services voluntarily not used by the consumer.
- Prices are final and include payment processing costs. For bank transfers within the EEA, the transfer shall be instructed with the SHA charge option — the customer bears the fees of their own bank and the Company the fees of its bank. For transfers from outside the EEA, the customer shall ensure that intermediary bank charges are not deducted from the amount credited (OUR charge option); otherwise the Company will invoice the resulting difference.
5. WITHDRAWAL BY THE CONSUMER, ASSIGNMENT AND CANCELLATION OF THE TRAVEL DUE TO NOT REACHING THE NUMBER OF PERSONS REGISTERED AS THE MINIMUM FORESEEN OR INEVITABLE AND EXTRAORDINARY CIRCUMSTANCES
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5.1. WITHDRAWAL BY THE CONSUMER
At any time prior to commencement of the package the traveller may terminate the contract. The Organiser books accommodation capacity in advance and commits bicycles from its fleet and staff for the package; the following standardised termination fee is therefore agreed, the amount of which reflects the time remaining until the start of the package and the decreasing possibility for the Organiser to resell the released services. The Organiser will justify the amount of the termination fee at the traveller's request. Upon cancellation the traveller shall pay:
- an administrative reservation processing fee of 50 € — in all cases, regardless of the date of cancellation (corresponding to the actual costs of processing and administering the reservation), and in addition
- a termination fee calculated on the total price of the package:
- no termination fee for cancellations up to the 60th day before commencement of the package,
- 25 % of the total package price for cancellations between the 59th and the 30th day before commencement,
- 50 % of the total package price for cancellations between the 29th and the 15th day before commencement,
- 75 % of the total package price for cancellations between the 14th and the 8th day before commencement,
- 100 % of the total package price for cancellations from the 7th day before commencement.
The sum of the administrative fee and the termination fee shall not exceed the total price of the package; in the 100 % band the administrative fee is not charged separately. Costs demonstrably saved by the Organiser as a result of the cancellation and income from re-selling the released capacity shall always be deducted from the termination fee. The Organiser shall refund to the traveller all payments made, less the applicable termination fee, without undue delay and no later than within 14 calendar days of termination of the contract.
If they do not arrive at the time foreseen for departure, you shall not be entitled to any reimbursement whatsoever of the sum paid; the deduction of saved costs and re-selling income under the preceding sentence remains unaffected. Notwithstanding the terms set forth in the preceding paragraph, when inevitable extraordinary circumstances arise at the destination, or in the area around it that significantly affect conducting the combined travel or passenger transport to the destination, the traveller shall be entitled to terminate the contract prior to its commencement without paying any penalty. In that case, the traveller shall be entitled to full reimbursement of any payment made, but not to additional compensation.
5.2. ASSIGNMENT OF THE TRAVEL
The traveller may assign the combined travel contract to a person who complies with the conditions applicable to that contract, previously notifying the Organiser on a durable medium, a reasonable time of at least seven calendar days prior to commencement of the combined travel. The assignor and assignee shall be held jointly liable to the Travel Agencies for the sum of the travel price pending payment, as well as any commission or surcharge and the additional expenses due to the assignment. The Organiser shall inform the assignor of the effective assignment fees. The fees must be reasonable and, in all cases, these shall not exceed the costs effectively borne by the Organiser due to the assignment. The Organiser shall provide the assignor proof of the commissions, surcharges or other additional costs arising from assignment of the agreement.
5.3. CANCELLATION OF THE CONTRACT BY THE ORGANISER
The Organiser may cancel the contract and reimburse the traveller all the payments they have made, but shall not be held liable for any additional compensation if it becomes impossible to perform the contract due to inevitable extraordinary circumstances, and if the traveller is notified of the cancellation without undue delay prior to commencement of the combined travel, or if the number of people registered for the combined travel is lower than the minimum number specified in the contract and the Organiser notifies the traveller of the cancellation within the following terms:
- Twenty calendar days prior to commencement of the combined travel in the case of journeys lasting more than six days.
- Seven calendar days prior to commencement of the combined travel in the case of journeys lasting two to six days.
- Forty-eight hours prior to commencement of the combined travel in the case of journeys lasting less than two days.
6. MODIFICATIONS
- The Organising Agency undertakes to provide its clients all the contractual services, with the conditions and characteristics stipulated, all pursuant to the following particulars:
- Apart from the cases of modification of the price regulated by Clause 3.2, the Organiser reserves the right to unilaterally amend any of the clauses of this contract, as long as the change is not substantial and the traveller is informed of that amendment by the organiser in a clear, understandable way, on a durable medium.
- If, prior to commencement of the combined travel, the organiser is bound to substantially amend any of the main characteristics of the travel services, may not fulfil any of the main characteristics of the travel services, may not fulfil any of the special requisites for the traveller previously accepted, or proposes an increase in the travel price by more than eight per cent pursuant to Clause 3, the traveller may accept the change proposed or terminate the contract within a reasonable specified by the organiser without paying a penalty.
- The traveller who terminates the combined travel contract may accept the substitute combined travel they are offered by the organiser, if possible, for one of equivalent or higher quality.
- The organiser must notify the traveller of that amendment without delay, in a clear, understandable, emphasised manner, on a durable medium, along with:
- The repercussion on the price of the combined travel when the modification gives rise to a combined travel of a lower quality or cost.
- A reasonable term for the traveller to report their decision.
- Indication in the event of the traveller not notifying their decision within the term stated in the previous paragraph shall be understood as them opting to terminate the contract without any penalisation whatsoever.
- If appropriate, the substitute combined travel offered and its price.
- In the event of the traveller terminating the combined travel contract prior to commencement without paying the penalty by virtue of the terms set forth in letter b), or if the traveller does not accept substitute combined travel, the organiser shall reimburse all the payments made by the traveller or a third party in their name and, in any case, within a term not exceeding fourteen calendar days from the date of termination of the agreement. The terms foreseen in Clause 9 shall also be applicable.
- Under no circumstance shall everything not included in the combined travel contract (such as, for example, transport tickets from the place of origin of the passenger to the place of departure of the travel, or vice-versa, hotel reservations in the days prior to or after the journey, etc.) be the responsibility of the Organiser, there being no obligation to compensate such possible independent service expenses in the event of the journey being cancelled for any of the reasons that exclude compensation for damages and losses foreseen in Clause 9.
7. OBLIGATION OF THE CONSUMER TO NOTIFY ALL BREACH IN PERFORMANCE OF THE CONTRACT
- The traveller must inform the organiser without delay, taking into account the circumstances of each case, of any failure to comply that is observed during performance of a travel service included in the contract.
8. STATUTE OF LIMITATIONS
- The term for expiry of the actions arising from the rights recognised under Royal Legislative Decree 1/2007, of 16th November (Official State Gazette 30-11-07) and its amendments, shall be two years, as established in Article 169 of said Royal Decree.
9. LIABILITY
- 9.1. General
The organisers of the combined travel shall be held liable to the traveller for correct fulfilment of the travel services included in the contract, independent of these services having to be executed by them or other providers, and regardless of the right to repetition against the operator that it may be charged due to breach or defective fulfilment, or against third parties who have contributed to the fact giving rise to compensation, to reduction of the price or other obligations arising. The Organisation declares that it undertakes the functions of organisation and execution of the travel. At the moment of first payment on account of the travel subscribed, the traveller shall be provided information and the guarantee certificate required by the legal combined travel regulations. 1 The traveller shall be entitled to an adequate price reduction for any period during which there has been a lack of approval, unless the Organiser proves that the lack of compliance is due to the traveller. The traveller shall be entitled to receive adequate compensation from the Organiser for any damage or harm they may suffer as a consequence of any lack of compliance. The traveller shall not be entitled to compensation for damages and losses if the lack of compliance is:
- Due to the traveller;
- Due to a third party other than provision of the services subscribed and unforeseeable or inevitable; or,
- Due to inevitable, extraordinary circumstances.
- 9.2. Notification and obligation to provide assistance
The traveller may send messages, requests or complaints related to performance of the combined travel directly with the Organiser through which it was acquired, and the Organiser must provide the traveller in difficulties adequate assistance, without undue delay to the travel, especially in the case of inevitable, extraordinary circumstances, in particular by means of:
- Adequate supply of information on healthcare services, the local authorities and consular assistance; and
- Assistance for the traveller to establish remote communications and help to find alternative travel formulas. The Organiser may bill a reasonable charge for that attendance if the difficulty has not originated intentionally or due to negligence by the traveller. That surcharge shall not exceed the real costs incurred by the Organiser in any case.
- 9.3. Limits to compensation of damages
With regard to the limit of the scope and/or conditions for payment of compensations by travel service providers included in the combined travel, the applicable terms are those set forth in the international conventions that are binding in the European Union. Failing that, and except for bodily harm or damage caused intentionally or due to negligence, the compensation shall be limited to triple the total price of the journey. Compensation or reduction of the price granted by virtue of Royal Legislative Decree 1/2007, of 16th November 1 (Official State Gazette 30-11-07) and granted by virtue of Community Regulations 261/2004, 1371/2007, 392/2009, 1177/2010, 181/2011 or international conventions shall be deducted from one or another to avoid excess compensation.
10. DEFINITION OF THE COMBINED TRAVEL SERVICES
- 10.1. Hotels
The quality and content of the services provided by the hotel are determined by the official tourism category assigned by the competent body of the country concerned; if no official category exists, the published information is for guidance only. Rooms are as a rule available from 15:00 on the day of arrival and must be vacated by 12:00 on the day of departure; exact times are governed by the policy of the establishment. Hotel accommodation means that the room is available to the customer for the relevant night, even where check-in takes place later. If the customer plans to arrive on a different day or at a different time than stated in the reservation, they shall notify the Organiser or the accommodation establishment in advance. Accommodation with pets is possible only upon prior confirmation and must be recorded in the contract. A third bed may be provided in the form of an extra or folding bed; by stating the corresponding room occupancy in the reservation the customer consents to this.
- 10.2. Supplementary Services
When users request supplementary services (for example, a room with a sea-view, etc.) that cannot be definitively confirmed for them by the Organiser, the traveller may opt to definitively desist from the supplementary service requested or maintain their application while waiting to see if such services may finally be provided. In the event of the parties having agreed prior payment of the supplementary services that cannot be provided, the amount paid shall be reimbursed by the Organiser immediately after the consumer has agreed not to receive the service, or on returning from the journey, according to whether the user has opted not to receive the supplementary service, or has maintained their request.
- 10.3. Apartments
On making the reservation, the client is fully and exclusively responsible for correctly declaring the number of people who are to occupy the apartment, without omitting the children, whatever their age. You are warned that the apartment management may legally refuse to allow entry to persons who are not declared, there being no entitlement whatsoever to complain due to such. In some cases, there is the possibility of enabling supplementary beds or cots, tat must be requested by the clients before formalising the contract, and that except if mentioned to the contrary, shall not be included in the published price of the apartment.
- 10.4. Special financial conditions for children
Due to the diversity of treatment applicable to children, depending on their age, the service provider and the date of travel, it is always recommendable to check the scope of the existing special conditions and that these to be subject to specific, detailed information at all times, and recorded in the contract or the travel documentation delivered at the moment of signing it. In general, with regard to accommodation, these shall be applicable as long as the child shares the room with two adults.
- 10.5. Guarantee or deposit requested for certain services
Certain service providers, such as hotels, apartments, vehicle rental companies... may ask the traveller to provide a guarantee prior to providing the service, at the destination, to cover possible consumption of extras or the possibility of damage.
11. PASSPORTS, VISAS AND DOCUMENTATION
- All travellers (including minors) are responsible for holding valid personal documents required by the regulations of the country visited. The costs of obtaining passports, visas or other required documents are borne by the traveller. If the traveller is refused entry to the country due to missing or defective documents, the resulting costs are borne by the traveller and the rules established for voluntary withdrawal from the services apply. Persons under 18 years of age must carry a written authorisation signed by their parents or guardians in case it is requested by a competent authority. Up-to-date travel advice is provided, among others, by the Spanish Ministry of Foreign Affairs (www.exteriores.gob.es); citizens of other countries should consult their embassy or consulate.
12. PROCESSING COMPLAINTS
- The traveller is informed that, in the event of wishing to submit any complaint, they may address the Organising Travel Agency where they formalised their reservation. Moreover, and in fulfilment of the terms set forth in Article 40 of Act 7/2017, that regulates alternative settlement of consumption litigation, we inform you that VB MALLORCA CYCLING CENTER, S.L.U. has not adhered to any alternative body and/or entity to settle such. Notwithstanding the foregoing, if you do not agree with the solution we have adopted with regard to your claim, you may address the Consumer Arbitration Board of your Autonomous Community and/or relevant City Council, as well as the Directorate General of Tourism. In all cases, we inform you that VB MALLORCA CYCLING CENTER, S.L.U. shall not participate in the arbitration proceedings before the aforementioned entities.
13. INSURANCE
- 13.1 Optional insurance
Optional travel insurance (e.g. cancellation insurance) may be taken out with an insurance company for each package; its specific conditions will be detailed and agreed at the moment of confirming the reservation. The "Damage Protection" service package for rented bicycles is not insurance — it is a contractual limitation of liability under the Bicycle Reservation and Rental Agreement (Article I.1).
- 13.2 Insolvency protection
In accordance with Article 164 of Royal Legislative Decree 1/2007, the Organiser has taken out an insolvency guarantee (seguro de caucion) with the insurer MARKEL, policy no. 022S00350CAV, arranged through the broker Aon Affinity (contact: aon.agencias@aon.es). Should the Organiser become insolvent, customers may contact the said entity directly, which will ensure the refund of payments made and, where the package includes transport, also the repatriation of customers.
14. OTHER COMPLEMENTARY INFORMATION
- 14.1 Baggage
To all purposes and with regard to land transport, the baggage and other personal belongings shall be understood as those the users keep with themselves, whatever part of the vehicle in which they are placed, and that are transported on account and at the risk of the user. The users are recommended to be present at all handling to load and unload baggage. The conditions of the carrier companies shall be applicable with regard to baggage transport by air, rail, sea or river, the transport ticket being the binding document between such companies and the passenger. In the case of suffering any damage or loss, the client must immediately submit the relevant claim to the Transport Company. The Organiser undertakes to provide the appropriate assistance to clients who may be affected by any such circumstances. The Organiser's liability for the proper provision of transport included in the package under Article 9 of this Part is not excluded.
- 14.2. Photographs and maps
The photographs and maps reproduced in the catalogue are only intended to provide the Clients further information. Should any kind of change in the establishments take place after publication of the brochure, this may not be considered deceitful advertising by the Organiser; the traveller's rights under Article 6 of this Part in the event of a change to the features of the agreed package remain unaffected.
- 14.3. Changes of Directors / Management
The Organiser is not responsible for changes of Directors / Management of hotels contained in the catalogue after their edition, as well as the repercussions and/or thus changes that this gives rise to (name, services, category of the establishment, partial closure of the facilities, etc...) that, in any case, the user shall be punctually notified of such; the traveller's rights under Article 6 of this Part in the event of a change to the features of the agreed package remain unaffected.
PART III — CYCLING CAMP (bicycle + accommodation + programme)
- III.1 A cycling camp is a package within the meaning of PART II — it combines accommodation, use of a bicycle and a sports programme (training rides, accompanying events, coaching). Unless otherwise provided in this Part, PART II applies to camps; the cancellation terms for camps are, however, agreed separately in Article III.5.
- III.2 The camp programme (training schedule, routes, intensity of rides) is indicative; the Organiser may adapt it to the weather, safety situation, road conditions and the performance of the group. Such adaptations do not constitute a significant alteration of the package.
- III.3 Reservation and use of a bicycle at a camp.
Bicycle capacity for a camp is committed in advance: when booking the camp, the customer states their body height and, where applicable, the requested bicycle size and category, and the Organiser bindingly reserves a bicycle from its fleet for the customer for the whole duration of the camp. A change of size or category after confirmation of the reservation is only possible subject to fleet availability. Articles I.4, I.5, I.7 and I.8 of PART I (documents, security, collection and return, use exclusively on Mallorca) and the Bicycle Reservation and Rental Agreement, signed upon collection, apply to the collection, use and return of the bicycle.
- III.4 Participation in training sessions and group rides is voluntary. The customer is responsible for their own riding and physical fitness, must follow the instructions of the leaders and coaches and wear a cycling helmet when riding; the Organiser's liability for the proper provision of the contracted services under Article 9 of PART II remains unaffected.
- III.5 Cancellation terms for camps.
For each camp the Organiser books accommodation capacity with third parties in advance and blocks specific bicycles from its fleet, coaches, support staff and materials for the whole camp period, which as a rule cannot be used otherwise in the event of late cancellation. By way of derogation from Article 5.1 of PART II, the following standardised termination fee, the amount of which reflects these costs incurred and committed in advance, is therefore agreed for camps. If the customer cancels a camp reservation, the Organiser charges:
a) an administrative reservation processing fee of 50 € — in all cases, regardless of the date of cancellation (corresponding to the actual costs of processing and administering the reservation), and in addition a termination fee calculated on the total camp price:
b) no termination fee for cancellations up to the 60th day before the start of the camp,
c) 50 % of the camp price for cancellations between the 59th and the 30th day before the start of the camp,
d) 75 % of the camp price for cancellations between the 29th and the 15th day before the start of the camp,
e) 100 % of the camp price for cancellations from the 14th day before the start of the camp, as well as where the customer fails to appear at the start of the camp.
The sum of the administrative fee and the termination fee shall not exceed the total camp price; in the 100 % band the administrative fee is not charged separately. The termination fee is reduced by costs demonstrably saved by the Organiser as a result of the cancellation and by income demonstrably obtained by re-filling the released place; the Organiser will justify the amount of the termination fee at the customer's request. The traveller's right to terminate the contract without a termination fee in the event of unavoidable and extraordinary circumstances under Article 5.1 of PART II remains unaffected.
PART IV — ACCOMMODATION ONLY
- IV.1 This Part applies where the customer orders accommodation only, without bicycle rental and without other services which together would constitute a package.
- IV.2 An accommodation reservation becomes binding upon confirmation by the Company and payment of the deposit in the manner and within the period stated in the booking confirmation; the balance is payable as instructed in the confirmation, at the latest on arrival.
- IV.3 The cancellation terms are identical to the cancellation terms for packages (Article 5.1 of PART II): an administrative reservation processing fee of 50 € — in all cases — and in addition a termination fee calculated on the total accommodation price: no fee up to the 60th day before arrival, 25 % (59th–30th day), 50 % (29th–15th day), 75 % (14th–8th day), 100 % (from the 7th day before arrival and in the event of failure to arrive). The termination fee reflects accommodation capacity committed bindingly in advance. If the released capacity is re-occupied, the termination fee is reduced by the income so obtained. The sum of the administrative fee and the termination fee shall not exceed the total accommodation price; in the 100 % band the administrative fee is not charged separately.
- IV.4 Arrival and departure times are governed by the booking confirmation. The accommodation provider may require a reasonable security deposit before arrival for damage or consumption beyond the contracted services.
- IV.5 If the Company cancels the accommodation for reasons on its side, it shall refund to the customer all payments made, without undue delay and no later than within 14 calendar days. If unavoidable and extraordinary circumstances at the place of accommodation or in its immediate vicinity prevent the customer from taking up the accommodation, the customer may cancel the reservation without a termination fee.
COMMON AND FINAL PROVISIONS (all Parts)
14a. NOTICE ON THE RIGHT OF WITHDRAWAL FOR DISTANCE CONTRACTS
- In accordance with Articles 97.1.i) and 103(l) of Royal Legislative Decree 1/2007, the statutory right of the consumer to withdraw from the contract within 14 days without giving reasons does not apply to bicycle rental, accommodation and package travel contracts concluded at a distance (for packages in conjunction with Article 93.2 of the same decree); cancellation of reservations is governed by the cancellation terms of the relevant part of these Terms.
15. PERSONAL DATA PROCESSING.
- The controller of personal data is VB MALLORCA CYCLING CENTER, S.L.U., with registered office at Carrer de la Goleta s/n, 07610 Can Pastilla – Mallorca, Spain. The customer's personal data are processed (i) for the conclusion and performance of the contract (Article 6(1)(b) GDPR), (ii) for compliance with the Company's legal obligations, and (iii) for sending commercial communications about the Company's own similar services to existing customers on the basis of legitimate interest pursuant to Article 21.2 of Act 34/2002 (LSSI); the customer may object to such communications at any time free of charge. Data are disclosed only to providers involved in the performance of the contracted services; transfers outside the EEA take place only subject to appropriate safeguards under Chapter V GDPR. The customer has the right of access, rectification, erasure, restriction of processing, data portability and objection, as well as the right to lodge a complaint with the Agencia Española de Protección de Datos (www.aepd.es); requests may be sent to info@mallorcacyclingcenter.com. Detailed information, including retention periods, is provided in the Privacy Policy on the Company's website.
- These Terms and Conditions take effect on the day of their publication on the Company's website and apply to contracts concluded from that day; contracts concluded earlier are governed by the version effective on the day of their conclusion. They replace the Terms and Conditions of 1 July 2022.
VB MALLORCA CYCLING CENTER, S.L.U.
Carrer de la Goleta s/n.
07610 Can Pastilla - Mallorca
Spain
C.I.F. / ID number: ES B67889519
Inscrita en el Registro Mercantil de Baleares • Tomo: 2940 • Libro: 0 • Folio: 74 • Hoja: PM-93337 • Inscripción: 1ª
https://www.mallorcacyclingcenter.com/
info@mallorcacyclingcenter.com