General participation conditions – WHEELS N TRAILS MÁLAGA

GENERAL CONDITIONS OF PARTICIPATION TO WHEELS ‘N TRAILS ACTIVITIES

General

1.1) The contracting parties are the client, that must be of legal age (+18), Y Claudio of Genoa, with NIF Y4186781J, Responsible for the activity and this same website www.wheelsntrails.com (hereinafter simply “wheels‘ n trails ”with tourism registration number of Andalusia at/Ma/00477).

Customer responsibility

2.1) The client, At the time of reservation of any active tourism activity offered by Wheels ‘N Trails, declares having read so much the specific conditions compiled in the tab of each activity, as the general participation conditions collected here;
2.2) In particular, The client declares having read and being informed about the main characteristics of the activity reserved and contained both in each route and in these same general conditions of participation, And in general in all information that Wheels ‘N Trails considers appropriate to provide through the available contact channels (Minimum age to participate, general difficulty, Technical difficulty, Physical difficulty, associated risk, required technical requirements, distance, Estimated time). In case of personalized activities, Wheels N ’Trails will be in charge of asking the client in advance to communicate the technical and physical preparation characteristics of participants who are related to the possible reserve, In order to design appropriate activities at the preparation level; For that, The client is solely responsible for communicating all the information that is requested completely and truthfully;
2.3) The client is solely responsible, after all, to evaluate that their own capabilities and those of the participants related to their own reservation are appropriate to the specific characteristics of the requested activity; in particular, The client has the obligation to properly and responsible for the specific conditions of difficulty (general, technical and physical) and associated risk;
2.4) In order to prevent both possible damage to person and serious management and organization problems in the development of the activity and for serious and evident reasons, Wheels ‘n Trails se reserva, Before starting the activity, the right to exclude from the activity itself any participant who demonstrates not being in the required physical conditions, be under the effect of alcohol or drugs, have the age of, Not being the person who previously communicated the data, Do not meet the requirements requested. In all these cases, Under no circumstances will the amount paid for the reserve be returned;
2.5) For the correct activation of the mandatory accident insurance for each of the participants to the activity, The client, At the time of reservation of any active tourism activity offered by Wheels ‘N Trails, It undertakes to provide Wheels ‘N Trails the identity data of the participating people to the activity related to the reserve; Specifically, The client will communicate the names and surnames of the participants and their DNI, Foreign identity passport or card for EU citizens. The mandatory accident insurance is always included in the basic price of each activity;
2.6) Regarding bicycle activities, The client must respect the traffic regulations of Spain at all times. Any fine occurred during the development of the activity will be assumed by the client as a whole;
2.7) In the same way and as regards any of the activities offered by Wheels ‘N Trails, The client must respect at all times the rules that the guide considers appropriate to each situation. In the case of not respecting the rules repeatedly and dangerous to itself, For other participants and for third parties in general, Wheels ‘n trails can formally exclude the activity participant contacting even accident insurance to warn of dangerous behavior or anyway not appropriate to what the situation requires;
2.8) The client will have to reach punctually to the concentration point arranged and at the established time, committing to immediately notify Wheels ‘N Trails in the case of delay. Wheels ‘n Trails, will wait until a maximum of 15 minutes of delay with respect to the established schedule; After this limit, will have the full right to exclude the participant from the activity or communicate another meeting point along the route as long as possible;
2.9) In activities also open to the participation of minors, The presence of at least one parent is always required, which will be solely responsible for the minor that accompanies; The route files or the rules communicated punctually by Wheels ‘N Trails specify the minimum age for reference to each activity;
2.10) At the time of reservation, The client accepts the set and each of these general conditions of participation. In addition the client and the people who are part of their reserve, accept that they can be recorded during the activity, both for security reasons during its development and for advertising and promotion purposes.

Responsabilidаd de “Wheels ‘n Trails”

3.1) Wheels ‘n Trails, In the development of its services, It has constant professional insurance coverage to third parties, as well as accident insurance coverage for each and every participants to activities;
3.2) The services with guides offered by Wheels ‘N Trails will always be performed by qualified personnel for it;
3.3) Wheels ‘N Trails will provide the client with all the information requested so that he can specifically and adequately evaluate the activity requested with respect to his own participation and that of the people included in his reserve;
3.4) In the same way, Wheels ‘N Trails undertakes to keep all the information contained in each route record as well as more in general all the information contained in these general conditions of participation and on the web and with respect to each of the activities offered;
3.5) In order to prevent both possible damage to participants and serious management and organization problems in the development of the activity, Wheels ‘n Trails se reserva, whenever, The right to cancel the activity already reserved when it cannot be carried out according to normal security conditions, Be due to relevant meteorological aspects for any evaluation related to the security and organization of the activity. In any case, the client will be entitled to the complete return of the amount already paid for the reservation of the activity, except possible commissions by bank institutes, paid platforms, etc.. They remain excluded from the return of the amounts already subscribed, All cases of cancellation by force majeure and those that wheels ‘n trails are not responsible, as well as the statements in the section 2, art. 2.4);
3.6) In the same way, Wheels ‘n Trails se reserva, at any time during the development of the activity, The right to finish or modify (In the structure, In the duration, In the distance, etc.) The activity already in execution, when it cannot continue to develop according to normal safety conditions, Be due to relevant meteorological aspects for any evaluation related to the security and organization of the activity. In any case, the client will be entitled only to the complete return of the amount already paid for the reservation of the activity, as long as the activity has been annulled in the first hour from the concentration schedule communicated by Wheels ‘N Trails. Under no circumstances will proceed to total or partial return by development modification, length, duración, journey etc.. In all other cases. They remain excluded from the return of any amount already paid, All cases of cancellation by force majeure and for which Wheels ‘n trails is not responsible, as well as the statements in the section 2, art. 2.4);
3.7) The evaluation of permanence throughout the activity of adequate security conditions is the exclusive responsibility and prerogative of Wheels ‘n trails, based solely on professional deontology criteria;
3.8) Exceptional circumstances or reasons of force majeure that may imply a delay in the beginning or in the development of the activity, as well as cancellations or cancellations of them, They are assumed as possible by Wheels ‘N Trails that always has the obligation to inform the client on a timely manner about these changes or cancellations.
3.9) Wheels ‘N Trails offers a bicycle and equipment rental courts. The rental contract will be managed in any case by the bicycle and equipment rental company and produces its effects between the same rental company and the client. Under no matter Wheels ‘N Trails will be responsible for bicycles and equipment that the client rents to participate in the reserved activities, whether I rent directly with the bicycle and equipment rental company, As if renting them taking advantage of the courtesy service of Wheels ‘n trails;
3.10) Active tourism activities offered by Wheels ‘N Trails are non -competitive activities but tourism, cycle tourism, leisure and recreation, outdoor training y team building. They are designed with these purposes and generally have a low or medium associated risk; They are still activities in nature, by roads even if they are in most cases of little traffic, by lanes and tracks with possible technical difficulties and higher associated risk, by isolated and subject to possible unpredictable conditions, mishaps, unforeseen, accidents, etc. By its nature these are activities that always carry an associated risk. For this reason Wheels ‘N Trails implements all the measures that it deems appropriate for the prevention and attenuation of the possible consequences of mishaps and accidents that may occur during the activity, and of those that inform each and every participants in a timely and timely manner. The main security measures are collected on each route file according to the level of difficulty and associated risk;
3.11) In the same way, Wheels ‘n trails takes any necessary measure for the protection of the environment and the natural environment, requesting all permits to access protected areas where, watching at all times along the route and the development of each activity that participants leave the environment at least in the same conditions in which they found it, regulating and adjusting the presence of the participants in each specific situation in accordance with the specific demand and protection demands (ej.: regulating the speed by bicycle according to the place and the firm, choosing in a timely way the sites to rest or snack, constantly respecting the presence of the flora and fauna present as well as the possible rural communities of the environment, etc.);
3.12) The “Route Assistance” service can only be hired for cycling activities/bike routes that are self -managed and as long as it is specifically contained in the route file between accessory services, not therefore included in the basic price of the activity. It is an additional technical assistance service due to possible mechanical breakdowns that cannot be solved at the time but need to move the bicycle to a workshop. First, the participant will try the activity to solve the technical problem by phone (to the contact phone number) And only later the damaged half will be rescued, as long as it is proven that I can not continue with the route; being a technical assistance service for damaged bicycles, The rescue of the single bicycle and its driver is planned, as long as it is not possible to assign a replacement bicycle. Only in the case in which the activity is participating in the activity 2 people and it is not possible to assign a replacement bicycle instead of which it is damaged, Wheels N ’Trails can evaluate the opportunity to rescue both bicycles and drivers exclusively for security reasons;
3.13) In no case the “Route Assistance” service includes repair, Possible replacement pieces or any cost associated with the workshop;
3.14) The workshop will be chosen by the participant in the rescue place (on a radius of 5 Km) or on the way between the rescue and Malaga capital place;
3.15) Notwithstanding the provisions of the previous article, If the client had rented the bicycle through the courtesy service of Wheels ‘N Trails of Bicycle Rental Reserve and Equipment, The workshop will necessarily be that of the company where Wheels ‘N Trails made the same reservation;
3.16) In any case, Wheels ‘n trails under any circumstances will be responsible for the half damaged beyond transport responsibility, care and surveillance of the half damaged during the execution of the service contracted of “Route Assistance”, that under no circumstances will cover some repair expense, taller, parts, spare parts, etc, that are related or less to the breakdown.
3.17 In the event that the client hires a self -managed route, Under no matter Wheels ‘n trails will be responsible for all unforeseen or event that may occur during the activity. Wheels ‘N Trails will provide the client with the following services included in the publicized price:
a) Online map with waypoints to identify points of interest, suggested stops, Useful services, dangers and everything Wheels ‘n trails considers relevant for the fulfillment of the same contract;
b) Interest information report so that the client can execute the route under conditions of greater security and basic knowledge of the environment, of the medium, of the journey and its main development conditions.
Wheels ‘N Trails will try to include both in the map and in the report all information about the most recent possible and will record anyway to the client of the antiquity of the information, before the same reserves the route;
c) A mobile number (that in principle will be the same contact number that appears in all promotional channels and corporate identity) To solve possible small problems on the route or to clarify doubts and that will be active for this service from 9h to 7pm on the day of the route.
The use of the aforementioned tool will be under the total responsibility of the client.
In the same way, respect for the client is the respect in every moment of any circulation standard that of course will always have and at every moment prevalence over any discrepant information contained in the map or in the report.
In such a way that the client will be solely responsible for any fine or measure in general with which the authorities can issue the same.
Wheels ‘n trails under no circumstances will be responsible for the damage that may occur to the client during the execution of any of the self -guided routes.
Wheels ‘n Trails, Upon receiving the definitive reservation of the self -guided route, It will activate accident insurance for each of the participants of which the client has communicated the identification data. At the same time it will communicate to the company as sure that the route will be executed in a self -managed and under customer responsibility, that will therefore assume the responsibility of any event, sudden, damage, emergency, etc. that can occur in the development of the activity.

Reserva, Payment and cancellations

4.1) Reservations can be made by publicized media on this same website: Reserve/information forms, Telephone or email, social networks;
4.2) Without prejudice to different reserve modalities that Wheels ‘N Trails communicates to participate in concrete activities, at the time the client requests the reservation of an activity, A provisional reserve will be produced for the following 48h, so that the client can make the payment of the same through the chosen payment method; while wheels ‘n trails check the effective entry of the payment of the reservation, will confirm the customer the reservation definitively.
4.3) Without prejudice to different payment modalities that Wheels ‘N Trails communicates to participate in concrete activities, The available payment methods are:
- Debit/Credit Card
- Bank transfer
- Bizum

4.4) The client will be responsible for any applicable commission (If it is applied by the client bank);
4.5) Cancellations without charge of active tourism activities will be admitted only to 10 days before the date of development of the activity itself. Cancellations in 10 days before the activity will imply the position of the 50% of the amount of the reserve already paid. Those not presented on the day of the activity will not be entitled to any reimbursement;
4.6) In any case, The reimbursement of bicycle rentals and equipment reserved with rental companies or through the Wheels ‘N Trails and already charged service, It will be regulated by the rental contract between the bicycle and equipment rental company and the client; Under no matter Wheels ‘n trails will never be responsible for reimbursement of these rentals, although it will be in charge of managing the possible return of the amount of the rental reservation as long as the client has made the reservation through the Wheels ‘N Trails and the rental company effectively recognize said return;
4.7) As indicated in the section 3 (3.3, 3.4 y 3.5), Wheels ‘N Trail will not return, total or partial, of activities that could not be completed or anyway that had to be modified (In its duration, distance, journey, development, etc.) By caution and security, except in cases where the activity is canceled before it starts or in the first hour from the concentration and meeting time communicated by Wheels ‘n trails. The personal circumstances of the client are excluded anyway, diseases and any other force majeure event; The client assumes that none of these circumstances, that may occur before or during the activity, He entitles reimbursement.

Jurisdition

5.1) Provisions linked to these general conditions of participation will be regulated by Spanish legislation. Any dispute that can be generated on the fulfillment of the contract between the client and Wheels ‘N Trails will be definitively resolved by submission to the courts of Malaga.