GENERAL CONTRACTING TERMS AND BOOKING CONDITIONS

This is an automatic translation from spanish original document. If you want to see the original one, please CLICK HERE
For legal matters we will always refer to the Spanish version

Introduction

This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website easyriders-bikecenter.com, property of STEFAN ALEXANDER WAKEHAM under the trademark of EASYRIDERS-BIKECENTER, hereinafter, PROVIDER, whose Contact details also appear in the Legal Notice of this website.
These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by STEFAN ALEXANDER WAKEHAM. It is the responsibility of the USER to read them periodically, since those that are in force at the time of placing orders will be applicable. STEFAN ALEXANDER WAKEHAM will file the electronic document where the purchase is formalized and will have it available to the USER if requested.
The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commerce Codes and in this or in other special laws.
The acceptance of this document implies that the USER:

• he has read, understands and comprehends what is exposed here.
• It is a person with sufficient capacity to contract.
• Assumes all the obligations set forth herein.

These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's website. The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired from the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is STEFAN ALEXANDER WAKEHAM, with registered office at C/ LAS DUNAS, S/N - LOCAL 2, 35660 CORRALEJO (Las Palmas), NIF X2377101M and with customer service telephone number 637408233. And on the other, the USER, registered on the website by means of a username and password, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Object of the contract

The purpose of this contract is to regulate the contractual relationship of rental or sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process. The contractual relationship of rental or sale entails the delivery or rental, in exchange for a certain price and publicly displayed through the website, of a specific product.

Rectification of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify the email easyridersfuerteventura@gmail.com so that STEFAN ALEXANDER WAKEHAM corrects them as soon as possible. The USER may keep their data updated by accessing their user account.

Hiring bike or tours booking procedure

In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), relative to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of data of a personal nature and detailed in the Legal Notice and in the Privacy Policy of this website.
The USER will select a username and a password, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorized third party. , so that it proceeds to the immediate blocking. Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will continue the following steps:

1. General contracting clauses.
2. Shipping and delivery of orders.
3. Booking conditions.
4. Right of withdrawal.
5. Claims and dispute resolution online.
6. Force majeure.
7. Competition.
8. General information about the offer.
9. Price and validity period of the offer.
10. Method of payment, expenses and discounts.
11. Purchase process.
12. Disassociation and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. SHIPPING, DELIVERY AND COMPLETION OF ORDERS

The PROVIDER will not confirm and/or deliver any order until it has verified that the payment has been made.
In case of purchase of any of our products, the delivery will be made only in our store.

Failure to execute the distance contract

In case of not being able to execute the contract because the contracted product or service is not available within the stipulated period, the USER will be informed of the lack of availability and that he will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without thereby deriving any liability for damages attributable to the PROVIDER.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.
The delivery will be considered made at the time the PROVIDER has made the products available to the USER and the USER, or their delegate, has signed the delivery receipt document.
The PROVIDER will respond to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of said lack of conformity, the reduction of the price or the resolution of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.
The USER shall have the right to suspend the payment of any pending part of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.
It is up to the USER to verify the products upon receipt and expose all the caveats and claims that may be justified in the delivery receipt document.
The contract will be terminated at the time of the return of the vehicles, or in the case of purchase of an item, at the time of its delivery.

3. BOOKING CONDITIONS

3.1: Bicycle rental or Tour booking. Price

The bike rental or tour booking price is determined by the rates mentioned on the Easy Riders website at the time of booking, or as agreed subsequently.

3.2: Payment

a. The bike rental or tour booking price and the sums due in relation to others in the rental or booking contract must be paid before the vehicle(s) are delivered or starting the tours.
b. If, for any reason, you are unable to use the bike(s) you have rented or attend to the bookd tour, Easy Riders is not responsible for any resulting costs or damages.
c. In the case of item b, the client is obliged to pay the full rental or tour booking price and any other amount mentioned on the invoice, unless the client can prove that his is not able to use the bike was the consequence of a defect that was already present at the start of the rental period.

3.3: Refund return deadlines for canceled rental or tour booking

If a cancellation of the bicycle rental or tour booking is made in a period of less than 4 weeks or more, before the rental or tour period, 100% of the rental or paid amount is returned. If the rental or tour booking is canceled between 3 and 4 weeks before, 80% of the amount is returned.
If the rental or tour booking is canceled between 2 and 3 weeks before, only 50% of the amount is returned.
If it is done 2 weeks or less before the rental or tour booking period, nothing will be returned.

3.4: Rental Period

a. The rental period runs from the day of delivery to the end of the rental (the day of delivery), as indicated in the booking confirmation.
b. The extension of the rental period will only be possible after approval by us and according to the (extension) prices mentioned in article 1.
c. No refunds will be made after the beginning of the rental period. If you return the bike(s) to us before the end of your rental, the lease will automatically terminate and no amount will be refunded.
d. At the end of the rental period, the bike(s) must be returned to our offices no later than the date indicated in the booking confirmation.
e. If the bike(s) is/are not returned on the delivery date shown on the booking confirmation, we will continue to charge the rental until such time as the bike(s) is / are returned and received by us. In case of late return, the fees mentioned in article 1 will continue to apply, in addition to a fine of €25 per day. We also reserve the right to demand payment of any costs and/or damages incurred by the company due to late return of our vehicle(s).
f. Notwithstanding the provisions of the preceding paragraph, in the event of a delay in the return of the rental bicycles, we reserve the right to dissolve the rental contract without judicial intervention and immediately request the return of the bicycles wherever it is and whoever has them. Easy Riders also has this right in case the client does not comply with any of the other conditions established in this rental agreement.

3.5: Misuse

a. The use of the bicycle by any person other than the USER.
b. The bike(s) must be returned to us in the same condition in which you received them.
c. You must take excellent care of the bicycle(s), as if / it were your property. You must take all required precautions against damage, loss or theft.
d. The bicycle may not be used on the beach, or on the sand dune paths unless a paved path is not available.
e. The use of any of the bicycles rented at Easyriders Bikecenter, for any type of competition or sporting event, is completely prohibited. The company reserves the right to cancel any booking for these purposes.
f. Re-rent the bicycle(s).
g. Driving in a dangerous way or under the influence of any substance/alcohol or with any illness that could negatively affect the physical condition or reflexes of the renter. The USER rides the bike at his own risk.
h. Taking the bike off the island without written permission from the renter. (Isla de Lobos is allowed)
i. Driving any vehicle through sea water.

3.6: In case of damage, loss and theft

The USER is responsible for the damage or loss of the bicycle(s) or parts of it, as well as all the accessories rented in this contract, for an amount determined by us according to normal market prices. You must understand that you are not insured for damage to the bicycle(s) or for any damage to third parties.

3.7: Free hotel collection service for tours

This service is only offered to clients who are residing more than two kilometers away.
If you are located in any village outside of Corralejo & require this service an additional charge will be applied.

4. RIGHT OF WITHDRAWAL

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the rental or sale contract if it were a provision of a service, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the term for its exercise will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007, and which are related here All returns must be communicated to the PROVIDER, by email to easyridersfuerteventura@gmail.com, indicating the corresponding invoice or order number.
Once the USER has received the return number, they will send the product to the PROVIDER, at the address of STEFAN ALEXANDER WAKEHAM, C/ LAS DUNAS, S/N - LOCAL 2 35660 CORRALEJO (Las Palmas)

5. ONLINE CLAIMS AND DISPUTE RESOLUTION

Any claim that the USER deems appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
Postal: STEFAN ALEXANDER WAKEHAM, C/ LAS DUNAS, S/N - LOCAL 2 35660 CORRALEJO (Las Palmas)
Telephone: 637408233
E-mail: easyridersfuerteventura@gmail.com

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/

6. FORCE MAJEURE

The parties will not incur liability for any fault due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.

7. COMPETITION

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the contract.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these Conditions in their entirety.

8. GENERALITIES OF THE OFFER

All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of STEFAN ALEXANDER WAKEHAM or to what is stipulated here, will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.

9. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product or service include the General Indirect Canary Tax (IGIC) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the purchased product.
The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, you can check all the details of the budget online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices may change daily while the order is not placed.
Once the order is placed, the prices will be maintained whether or not products are available.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the latter has informed at the time of placing the order. This invoice will be sent in paper format together with the receipt of the purchased product. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you can revoke said decision at any time.
For any information about the order, the USER may contact the PROVIDER through the customer service telephone number 637408233 or via email at the address easyridersfuerteventura@gmail.com.

10. METHODS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER is responsible for economic transactions and enables the following ways to make the payment of an order:

• Credit card
• Direct payment in store

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to the website. data. To achieve these ends, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
It is prohibited, by virtue of the programs of the card brands, the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards.

11. PURCHASE PROCESS

Any product from our catalog can be added to the cart. In this, only the articles, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the payment and shipping data entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can make an order following the steps below for its correct formalization:

1. Check billing information.
2. Check shipping address.
3. Selection of payment method.
4. Place the order (buy).

Once the order has been processed, the system sends an email to the PROVIDER's management department and another to the USER's email confirming the completion of the order.

12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are found to be unlawful, void or for any reason unenforceable, this condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER does not comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practices or policies that apply to you.
When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or resource that may be available to THE PROVIDER.
In the event of a demonstrable clinical or medical incident, this contract may be terminated by proceeding to the refund of the amount*. *(The amount of the refund will be calculated by subtracting the time spent until the incident occurred from the total invoice). The estimated time to make the return will be 48 hours.

13. GUARANTEES AND RETURNS

The guarantees will respond to what is regulated in the Title referring to "Guarantees and after-sales services" of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, which you can access clicking here.

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. Any controversy that may arise from the provision of the products or services subject to these Conditions will be submitted to the courts and tribunals of the USER's domicile, the place of fulfillment of the obligation or the place where the property is located if it is real estate.< br>