Terminos y Condiciones
Terms and conditions
This text establishes the General Contractual Terms and Conditions for the services offered by Explorabike S.C. via its web page www.explorabike.com - pursuant to Law 34/2002 regulating Information Society Services and Electronic Commerce, Royal Legislative Decree 1/2007 regulating Consumer and User Protection, and any other regulations applicable to remote subscription of tourist services. Rendering of these services will be governed pursuant to Spanish laws.
Explorabike S.C., hereinafter "Explorabike", reserves the right to modify or update these present Terms and Conditions, from time to time and without prior notice to users.
The original document in Spanish has been translated, as a courtesy, into English. In the event of any dispute regarding its interpretation, the sense taken from its version in Spanish will always prevail.
Perfection of the Combined Trip Contract will be effective upon confirming the booking and, as from that moment, the contract will be binding for the contracting parties.
All prices indicated on the web page refer to "price per person".
- The price INCLUDES all the services specified in the Travel Programme under "Included Services".
- The price DOES NOT INCLUDE:
- Airline tickets and those for other transport means required to reach the starting point of the programmed trip.
- Any extras for board not described in the Travel Programme.
- Laundry and clothes ironing, or any other optional hotel service.
- In general, any service not specified in the Travel Programme under "Included Services".
Explorabike could require an advance payment in concept of reservation. The rest up to the total price of the trip will be payable at least 15 days prior to the programmed trip's start date.
If the full price of the trip is not paid by the established deadline, it will be deemed that the client has chosen to rescind the contract, in which case the penalties established under 4.2) herein will be applicable.
Accepted payment methods are:
- 1. Bank transfer to Explorabike's current account.
- 2. PayPal Secure Payment System.
Bookings will be confirmed via electronic mail within a maximum of 72 hours following deposit of the required advance payment in account.
4. Contract modification, cancellation and termination
4.1. On the part of Explorabike:
- Should Explorabike find it necessary to significantly modify any aspect of the trip before its start, it will immediately notify the client, detailing the changes made and their effects on the price. The client may accept the modifications or choose to rescind the contract, in which latter case Explorabike will reimburse the amounts paid and pay the corresponding compensation pursuant to prevailing Spanish law.
- Should Explorabike cancel the trip before its start, it will endeavour to provide the client with an alternative trip of the same or higher quality. The client may accept the modifications or choose to rescind the contract, in which latter case Explorabike will reimburse the amounts paid and pay the corresponding compensation pursuant to prevailing Spanish law.
- Explorabike reserves the right to change the programmed hotels and restaurants, for organisational reasons or force majeure circumstances, provided the modified hotels and restaurants are of the same or a higher category; this will not produce any increase in the price for the client.
No compensation will be due when:
- The trip is cancelled because the number of people signed up is lower than the minimum required, and this circumstance is notified to the client at least ten (10) days prior to the start date of the trip.
- The trip is cancelled due to circumstances of force majeure beyond Explorabike's control.
4.2 On the part of the client:
- Modification of the trip: The modification of the trip dates or any other essential part of the trip will incur handling costs of 5% of the total amount of the trip.
- Cancelation of the trip: The client may, at any time, forego any of the services requested or subscribed and will be entitled to a refund of the amounts paid; however, the client will be obliged to reimburse Explorabike for the following concepts:
1. Handling costs (10% of the total amount), plus any cancellations charges incurred.
2. A penalty consisting in:
- 5% of the total price of the trip, if it is cancelled more than ten (10) days and less than fifteen (15) days before the start date of the trip.
- 15% of the total price of the trip, if it is cancelled between three (3) days and ten (10) days, inclusive, before the start date of the trip.
- 25% of the total price of the trip, if it is cancelled within less than forty-eight (48) hours before the start of the trip.
- Total price of the trip (100%), in the event of failure to arrive at the start of the trip.
5. Breach of contract
In the event that, once the trip has started, Explorabike fails to supply or finds that it is unable to supply a significant part of the services set out in the contract, it will take the appropriate measures to enable the trip to continue, without any supplemental costs for the client and, as the case may be, will pay the difference between the subscribed services and those actually rendered. Should the client continue the trip with the solutions proposed by Explorabike, this will be deemed as tacit acceptance of said solutions.
6. Additional clauses
6.1 Explorabike declines any responsibility for any direct consequences for the subscribed trip arising from any delays, timetable changes and any other contingencies that may occur in the transport means used by the client when travelling to the starting point of the trip.
6.2 Abandonment of the trip due to poor physical condition, injury, illness or accident will not give the right to any refund for any of the subscribed services. In the case of hired bicycles, Explorabike will deduct 80 euro from the deposit per client, to cover the costs of collecting the bicycle from the place at which it is left.
6.3 No refund will be made for any services not used due to adverse weather conditions or any other contingency beyond Explorabike's control. If these significantly alter the normal course of the programmed trip, at the client's request, Explorabike will endeavour to find a viable alternative that allows the trip to continue. Any additional costs of such adjustments in the programme, and the associated handling fees will be borne by the client.
In the case of group trips with guide, it will be the guide who decides whether or not to modify or even suspend the trip already started, when the guide deems that the weather conditions or any other unexpected contingency could endanger the group's safety.
6.4 The client is aware of and accepts the risks associated to the activity of cyclotourism. Bicycle hire includes Road Assistance and Civil Liability Insurance cover. This insurance DOES NOT include compensation for own damages and, therefore, clients are responsible for taking out the appropriate insurance cover for damages to themselves and their property during the activity.
6.5 The client declares to be in a perfect state of health to carry out the activity of cyclotourism, and accepts full responsibility in the event of doing so whilst suffering any illness or disability.