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General conditions

1. Parties involved

Cycling Ventures SL, www.kolotrip.com, (hereinafter, the Website, platform, Agency or Kolotrip) is an online platform for booking trips and cycling activities. In addition to a Bicycle Travel Agency that contains cycling packages selected and validated by expert cyclists. The company is located in Valencia in La Marina de València, Muelle de la Aduana, Edificio Lanzadera, CP 46024. The tax identification code is B40584369 and the Travel Agency license number is CV-Mm2195-V.

A client, user or traveller is considered to be the one who accesses Kolotrip’s page to obtain information and / or contract the services offered through the website Kolotrip.com or with the help of the platform’s agents.

The main Contracting Party intervenes on his own behalf and, where appropriate, on that of the people who make up all of the same group or family trip, making the details known to the rest of them during the reservation process.

At the time of confirming the reservation of any product or service offered or sold by Kolotrip, it implies full acceptance of these General Conditions as well as the particular conditions of each bicycle trip shown in their details and in the combined travel contract. These General Conditions are valid and will remain in force in everything that is permanently provided in them.

In the case of Special Conditions, these will be agreed between the parties depending on each case.

The user has access to the email address [email protected] to communicate their doubts and complaints.

2. Information about bicycle trips

Each tourist package published on the website contains detailed information on a particular trip, such as the itinerary, accommodation, price and particular conditions of each one, among others.

In addition to the information of each trip on the platform, the client has available the detailed description of the bicycle trips as well as how to book and other details such as additional information to the generic information of each trip on Kolotrip.com. The client can access to it prior to the reservation confirmation and will receive a copy by e-mail once the reservation is made.

The trips offered in Kolotrip are selected trips that meet the quality criteria of the Website in order to ensure a superior quality in the trips. The trips can be operated by local expert cycle tourism operators with whom Kolotrip collaborates exclusively or organized directly by the Agency.

3. Booking and hiring a bicycle trip

The process of contracting the package trip begins when you receive a quote with the details of the trip from one of Kolotrip’s agents, or when you make the payment through the web platform. Before the traveller is bound by the combined travel contract, the pre-contractual information and the mandatory additional pre-contractual information with the details of the trip will be delivered.

Once the conditions have been accepted, the user will have 7 calendar days to pay the deposit of 20% of the amount, unless otherwise indicated in the conditions of the package travel contract. If there is a remaining amount of the payment, it must be paid at most 30 days before the start date of the trip.

If the traveller does not comply with the payment schedule, the agency may terminate the contract and apply the rules established for the resolution of the trip.

Therefore, to make the reservation request, the payment of the requested amount must have been made and the documents required by the agency must have been completed and signed. This process can be done by traditional means in contact with an agent or through the automated process on the website. For this, you will have to complete the corresponding form, make the payment (partially or the total) as well as indicate that you have read and accepted the general conditions of the combined trip during the booking process. If necessary, the Agency will request more information from the client.

Once the company receives the reservation request correctly, the client will receive an email informing him/her of the reception and requesting the signing of the Combined Travel Contract with the details of the trip such as the itinerary, names of the accommodations, the services included, the basic information of the participants, and other conditions. From there, in 48-72 hours the Agency will confirm the availability with the accommodations and the rest of the Service Providers in order to guarantee the reservation.

Once all the services of the trip to be contracted have been confirmed, the company will send to the client by e-mail the final confirmation of the reservation with the summary of the contracted services, also confirming the meeting point and the assistance telephone number. A few days before the start date, and if necessary, Kolotrip will send the remaining documents with the route book, tracks with the route, maps and other materials.

For the reservation, the acceptance by electronic means of the combined travel contract and the annex with all the details of the trip as well as the payment of the reservation or part of the payment indicated in each case will be a necessary condition.

The consent of the Agency is understood to be given when it confirms by email the receipt of the amount of the reservation payment as well as the acceptance of the client’s reservation. Otherwise, the trip reservation will not be accepted.

The acquisition of services or products of the Agency is subject to price fluctuations and availability of places. In the event that the conditions of the reservation request cannot be maintained, the User will be informed of the new conditions, information that the User may use to confirm the reservation or cancel it. Any modification of an already confirmed reservation may imply a price variation or its cancellation.

For group trips with a necessary minimum number of people, the organizer reserves the right to cancel the trip if the number of registered people necessary to carry it out is not covered and the client will be thus notified within the period indicated in the pre-contractual information.

4. Price.

All prices on the Website are in euros and include VAT. The total price of the trip with its taxes, surcharges, fees and any other added cost is the global one that is expressed.

The price includes only the services that are detailed in the “included” section of each product, unless otherwise indicated.

The prices that appear on the website are for reference and the final price will be shown in the Combined Travel Contract that the client will receive from the Service Provider along with all the details of the trip he/she wants to book.

Unless the travel offer specifies it otherwise, prices do not include: travel insurance, transportation to the destination, charges required by certain countries, visas and changes for administrative or health reasons (medical treatments, vaccinations, etc.), phone calls, personal expenses.

Billed under the special Regime of Travel Agencies. VAT quotas included in the price according to Article 142 of Law 37/1992 modified by Law 28/2014.

The offer, prices and accommodations are subject to availability at the time of confirming the reservation. The itinerary, routes and accommodations can be modified with prior notice.

5. Time and method of payment.

The price of trips on the platform is automatically calculated based on the selection made by the User.

Some trips allow you to book in three ways:

• Full payment of the amount of the trip at the time of the reservation request.

• Partial payment of the amount of the trip at the time of the reservation request, in those cases in which the reservation is made more than 30 days in advance.

• Block the booking and pay by traditional bank transfer in the following 5 days.

After completing the reservation process, a Kolotrip agent will review the conditions and prices and will contact the traveller if there are any changes before confirming the reservation.

6. Cancellation, modification and withdrawal.

Kolotrip reserves the right to cancel the reservations made by the User in the event of breaching the conditions or having provided false information.

The client may cancel the bicycle trip before the start, notifying the agency as soon as possible. Once this notification has been received, you will be provided within a reasonable period of time, justification of its liquidation for which the client authorizes from this moment to the organizing and retail agency to withdraw from the amounts delivered and that should be reimbursed, the amount corresponding to penalties, cancellation and management expenses.

We want to be as flexible as possible. Therefore, in the event of an unforeseen event, we will do our best to change the travel dates at no cost, to travel within the same year. And if you want to cancel the trip before the start date, the following management fees will apply:

• with more than 30 days, the management expenses will be 30% of the amount of the trip.

• Between 30 and 15 days, the management costs will be 60% of the amount of the trip

• With less than 14 days, the amount to be paid will be 100% of the amount of the trip.

To have more flexibility, we recommend contracting a travel, assistance, CR and cancellation insurance with which you can cancel the trip up to 24 hours before the start date with a 10% franchise. See all the details here: http://www.kolotrip.com/seguro_viajes and check with us the conditions. Keep in mind that the price of the insurance is not refunded once contracted in case of cancellation or modification.

Changes in dates, accommodation and other services of the trips that the client wants to make after the reservation could have an increase in the prices of the trip, although Kolotrip will do everything possible to manage the changes in the most economical way.

6.1 Consequences of the modification of the trip’s characteristics

If prior to the start of the trip, the organizer finds it necessary to substantially modify some of the main characteristics of the trip’s services, either it cannot comply with the special requests made and accepted or proposes to increase the price of the trip for any reason. In more than 8% you will be able to accept the proposed change or terminate the contract without penalty within a period of no more than 48 hours (or where appropriate, until the start date of the trip).

If the client chooses to terminate the travel contract, he/she will be able to accept a new alternative combined trip if the organizer can propose it and it is of equivalent or a higher quality, if it is of a lower quality, the client will be informed about the consequent reduction in price that may take place.

If after receiving the complete information regarding the modification, the client does not notify his/her decision within the indicated period, it will be understood that the client chooses to terminate the contract without any penalty.

When the cancellation or modification of the trip is due to reasons of force majeure, understanding by such those circumstances beyond the control of the person invoking them, abnormal and unforeseeable consequences that could not have been avoided, despite having acted with due diligence, there will be no refund of management fees of 20%.

6.2 Consequences of the lack of conformity in the provision of services once the trip has started

The traveller undertakes to inform the organizer or the retailer without undue delay, and therefore as soon as he/she is aware, taking into account the circumstances of each case, of any lack of conformity that he/she appreciates during the execution of a travel service included in the contract.

Unless it is impossible or entails a disproportionate cost, the organizer or the retailer if it is the case, undertake to correct the fault.

When a lack of conformity substantially affects the execution of the trip in such a way that, a very significant part of the services provided, it is found that they cannot be provided, they will offer adequate alternative formulas and of equal or higher quality for the continuity of the trip or if only a lower quality alternative is possible, they will apply an appropriate price reduction as long as the lack of conformity has not been caused by them.

No discounts or refunds will be made for the non-appearance at the beginning of the trip, for the loss or non-use of services due to the termination of the trip voluntarily or involuntarily, for example, illness, death of a family member, inability to complete the bicycle tour for any reason, due to inclement weather or if the agency or organizer determines that the person is not qualified to carry out the bicycle trip, etc.

7. INFORMATION AND DOCUMENTATION RECEIVED WITH A PRECONTRACTUAL CHARACTER

The client will have, prior to confirming the reservation, a copy of the Combined Travel Contract so that it can be read in detail and to be able to resolve any doubts they may have about it. In the same way, all the information related to the trip will also be available, including the main characteristics and essential information of the combined trip described in this contract.

7.1.- E-mail confirming the advance payment of the reservation

Once the company receives the reservation request (with the signed package travel contract and received the advance payment of the reservation), an e-mail will be sent informing the client of the reception and requesting the signing of the required contracts. In 48-72 hours, the company will confirm the availability with the accommodations and other Service Providers in order to guarantee the reservation.

7.2.- Combined Travel Contract

It is a document with the details of the trip to be hired, such as the itinerary, names of the accommodations, the services included, the basic information of the participants, and other conditions.

7.3.- E-mail confirming the reservation

Once all the services of the trip to be contracted have been confirmed, the signed combined trip contract has been received and the corresponding payment made, the company will send the client by e-mail the final confirmation of the reservation that must be carried at the beginning of the trip as a guard.

7.4.- Assistance, sickness and cancellation insurance policy.

The company recommends buying a travel insurance with specific coverage for bicycle trips.

The possibility of getting an assistance, sickness, cancellation and CR insurance is reported and the client has to expressly indicate whether he/she wishes to buy the insurance or not.

In the case of getting the insurance offered, the client is informed that he must contact the insurer directly in case of need. If the insurance has not been contracted, the client will assume all responsibility.

In cases in which the trip includes insurance by default, it will not be necessary to expressly indicate that the client wants to the insurance.

7.5.- Certificate of financial guarantee of the agency in case of insolvency and repatriation.

The agency Cycling Ventures SL has signed a guarantee of protection against insolvency with the Company AXA SEGUROS GENERALES, SA and the policy number is 70545932. With the contact information that follows: [email protected] – 91.111.95.44.

This guarantee is an inseparable part of the Travel Package Contract as guarantor of the insolvency and repatriation insurance of the organizing and / or retail travel agencies.

If the organizer or the retailer becomes insolvent before the start of the trip, the payments made by the client will be reimbursed. If the insolvency occurs once the trip has started, if it includes transportation, the repatriation of clients is guaranteed.

8. REGARDING THE USE OF THE BICYCLE:

In Spain, the use of helmet is mandatory and the company recommends its use at all times. If the client does not respect this rule, it will be his own responsibility. The company will not accept any type of responsibility in case of accident, fine or any other reason.

The client understands the risks that imply the use of the bicycle and agrees to have the technical and physical capacity to undertake the bicycle trip offered. The client exempts the company from any responsibility for any circumstance caused by the lack of preparation or technical and / or physical capacity.

In the cases in which a bicycle is rented, a deposit and / or specific rental contract can be requested in each case. If the bicycle has any damage or needs to be repaired due to misuse by the customer, the customer will be responsible for the repair costs.

In the event of theft of the bicycle or any of its components, the customer will be responsible for paying for the replacement of the component or the complete bicycle.

When hiring a bicycle trip, the company understands that all the people who take part in the trip are suitable to carry out the routes by bicycle, that they do not have a medical disability and that they are used to doing this type of activity. Travelers assume the risks of carrying out bicycle trips and therefore the company will not accept claims of any kind for accidents, blows, poor physical preparation, ignorance when interpreting the route or maps, etc.

In the same way, the participants decline to transfer to the travel agency any responsibility for what may happen during the trip derived from the lack of preparation (physical or technical), training of the participants, what happened due to leaving the route or incidents with third parties.

9. Traveller assistance

The organizer operating the trip and the agency must provide adequate assistance and without undue delay to the traveller in distress, especially in the case of extraordinary and unavoidable circumstances. This assistance consists of providing adequate information on nearby workshops, health services, local authorities and consular assistance. At all times, the organizer will try to help the traveller remotely, to find alternative travel formulas or to help solving incidents during the trip. The agency may invoice a reasonable surcharge for such assistance if the difficulty has originated intentionally or through negligence of the traveller. This surcharge will in no case exceed the actual costs incurred by the agency.

In addition, the organizer and the retailer will be liable to the traveller for the correct fulfilment of the package travel contract. Whoever responds to the traveller will have the right of repetition against the operator to which the breach or defective fulfilment of the contract is attributable according to their respective scope of management of the combined trip. The statute of limitations for legal actions derived from the combined travel contract is two years.

10. Protection of personal data

In compliance with Organic Law 15/1999 of December 13, Protection of Personal Data, kolotrip.com makes available to Users an e-mail [email protected] to exercise the right of access, rectification, cancellation or opposition at any time. The personal data collected through kolotrip.com will be used exclusively for the purpose requested.

By the same Law, the User is informed and gives his consent to the incorporation of his data to the existing files in Kolotrip and to the treatment thereof, with the following purposes:

• Accounting, tax and administrative management of clients.

• Contracting the products or services of the Website, being able to share information with the Service Provider companies such as hotels, bicycle rental, guides, etc.

• Insurance services

• Electronic commerce, advertising and commercial exploration

In no case will Kolotrip transfer customer data to third parties not related to the contracted services.

The User must provide Kolotrip with the necessary personal data required for the reservation of any product or service on the Website.

The User undertakes and is responsible for their data and those that they include of third parties and are provided through this Website, that they have the authorization of third parties to provide them, that they have read and accepted the Conditions of the Website and, where appropriate, the contracting conditions of the products or services in question, that they are true, precise, complete and correct, that the names of the Users coincide exactly with those that appear in their passport or ID, not being Kolotrip responsible for such breaches by the User. The User who provides the data to Kolotrip by any means is solely responsible for their veracity.

It is the User’s responsibility to report incorrect data, as well as to provide Kolotrip with corrections.

11. Limits to compensation.

Kolotrip declines all responsibility for personal injuries, accidents, illnesses en route, deaths, as well as theft, loss, deterioration or total loss of luggage. Kolotrip declines any responsibility for the condition of the roads and highways on cycling trips. Cyclists must pedal responsibly, respecting the rules of the road and at their own risk.

When a User hires a bicycle trip, Kolotrip understands that all cyclists who take part in the trip are suitable to carry out the routes by bicycle and that they have no medical impediment. Travelers assume the risks of carrying out bicycle trips and therefore Kolotrip will not accept claims for accidents, blows, poor physical preparation, etc. of any kind.

Travelers who book a bicycle trip must have travel insurance with the necessary coverage to cover this type of trip. During the travel reservation process, it will be necessary to expressly indicate whether you want to take out the insurance offered. If it is not contracted, Kolotrip will understand that the clients have a valid accident insurance for the activity.

12. Photographs and map and other descriptions.

All information, itineraries, images, photographs, maps and other descriptions that are reproduced on the Website are included for guidance only and are intended solely to provide more information to Users. All of the above may be subject to variations, without this being ever considered as misleading advertising by Kolotrip, who will not be held responsible if the User does not encounter identical situations during their stay.

13. Operation and conditions for the gift card

When a gift card is purchased on Kolotrip.com to give a bicycle trip as a gift, the operation and the following conditions are accepted:

1. Once the gift card has been purchased, an e-mail will be sent to the address indicated, together with the gift card and proof of payment.

2. The gift card includes a code that will be used to redeem the corresponding amount.

3. The coupon amount can only be redeemed at Kolotrip.com by booking a bicycle trip through our booking platform or with the help of one of our agents. It will not be exchanged for money.

4. The coupon or code can be redeemed within one year on any of the kolotrip.com bicycle trips.

5. After that year, the amount will expire and will be lost.

6. The card can be cancelled, and the amount paid on the gift card will be refunded, minus 10% for management fees.

7. If after redeeming the coupon in the reservation of a bicycle trip there is an excess amount, it will be lost.

8. When booking a bicycle trip with Kolotrip with the gift card, the particular conditions become those indicated in the documentation of the contracted trip.

14. Applicable law and jurisdiction

Applicable Law. The contractual relationships that Users establish with Kolotrip, if any, will be governed and interpreted in accordance with Spanish common law.

Jurisdiction. The Parties, expressly waiving any other jurisdiction that may correspond to them in Law, expressly submit to the jurisdiction of the Courts and Tribunals of Valencia, the resolution of any controversy or claim that may arise with respect to the interpretation or execution of the Contract, even those referring to non-contractual obligations that arise from it or are related to it.