General Conditions of the Contract
The following “Terms and Conditions” govern access to and use of this website and the services offered therein. By accessing or purchasing any of the services described on the site, you agree to be bound by the “Terms and Conditions”.
1 – SERVICES AND CONCLUSION OF THE CONTRACT.
By using or booking any of the services listed on this website, you confirm that you have read, understood and agree to be bound by these Terms and Conditions.
The information on the type of service offered, as indicated at length on the website, forms part of the and may not be amended unless the contracting parties explicitly agree.
2 – BOOKING PROCESS.
To book a trip, you must fill in the booking form on the website. A booking is only considered confirmed after you receive a confirmation email containing the travel details.
3 – OBLIGATIONS OF THE PARTICIPANT.
The participant will have to pay the consideration for the contract within the agreed terms.
A deposit of 30% of the total cost of the trip will be due at the time of booking.
As a receipt, a booking confirmation voucher will be issued.
The balance of 70% will be due at the time of the start of the journey.
Payment by credit card, PayPal, bank transfer to the Banca Generali IBAN: IT34O0307501603CC8001104081 is accepted.
Before the experience begins, the participant is required to issue, in accordance with the procedure indicated above, a security deposit of € 600.00 (six hundred), corresponding to the amount of the contractual excess of the Kasko insurance that covers the motor vehicle. This amount will be blocked on the credit card and not cashed out. At the end of the experience, if the motor vehicle has not suffered damage resulting in the activation of an insurance cover and the consequent application of the excess, this amount will be released and returned to the participant.
It is necessary that the participant, at the time of the beginning of the experience and for the duration of the experience, is in perfect health. Any change in the participant’s state of health must be communicated as appropriate and promptly.
The participant is fully aware of the risks and dangers involved in riding a motorcycle and assumes full responsibility in this regard, exempting the service provider from any consequences.
Furthermore, it is the obligation of the partecipant to wear the protective clothing provided and to comply with the precepts to protect road users.
4 – OBLIGATIONS OF THE SERVICE PROVIDER.
The service provider shall be responsible for the exact performance of all services included in the contract and shall provide assistance if the traveller is in difficulty.
The service provider undertakes to take out appropriate insurance cover for each motor vehicle
subject of the contract.
5 – RIGHT OF WITHDRAWAL.
The participant may withdraw from the contract at any time before the start of the package. In this case, the service provider will be entitled to withhold the deposit received, in addition to the reimbursement of the additional costs incurred.
In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate proximity and having a substantial impact on the performance of the contract, the participant has the right to withdraw from the contract, before the start of the journey, without paying the withdrawal costs referred to in the previous paragraph. The participant shall, in that case, be entitled to a full reimbursement of the payments made, without being able to claim any further compensation.
In the event of proven exceptional circumstances, including but not limited to sudden thunderstorms of significant intensity, vehicle failure, driver’s illness, the service provider may cancel the experience. In this case, the participant will be offered an alternative, if possible. If this solution is not accepted by the participant, it will be entitled to a refund of the fee paid.
6 – CESSION OF THE CONTRACT.
After notification notified to the addresses indicated in art. 9, with at least seven days’ notice.
Before the start of the service, the participant may assign the contract to a person who fulfils all the conditions for the use of the service.
The transferor and the transferee of the contract shall be jointly and severally liable for the payment of the balance of the price and any additional fees, taxes and other additional costs, including any administrative and practice management expenses, resulting and consequent to such assignment.
The service provider shall inform the transferor of the actual costs of the supply, which shall not exceed the costs actually incurred as a result of the assignment of the contract, by providing the transferor with proof of the the rights, taxes or other additional costs resulting from the assignment of the contract.
The participant shall have the right to withdraw from the contract within a period of five days from the date of the conclusion of the contract, without penalties and without giving any reason. This option is not provided if the participant purchases a service that must be performed within 15 (fifteen) days of the conclusion of the contract.
7 – COMFORTATED.
The motor vehicle will be granted on loan for free use for the duration of the experience.
The participant who receives the motor vehicle must be at least 25 years old, with a regular driving licence in Italy with vehicles of the same characteristics as Indian, as well as proven track record of driving on the road.
An international driving licence is required for non-EU nationals.
The participant-driver undertakes not to take alcohol or drugs, nothing that he/she is aware that the insurance cover will not offer cover in the event of an accident occurring in a state of alteration and, therefore, assuming any liability arisng therefrom.
At the same time, in addition to the hypothesis provided for the previous paragraph, the participant-driver shall be liable for any damage to a third party or to the motor vehicle, caused by negligent or
imprudent conduct.
In the event that the motor vehicle is seized by the police due to circumstances due to the negligence of the the participant, the same will be called upon to reimburse the days of detection and the expenses arising from the time that the motor vehicle will remaine in police custody and any futher expenses related to this circumstance.
8 – PRIVACY AND COLLECTION OF PERSONAL INFORMATION DATA.
The processing of personal data of customers – the provision of which is necessary for the conclusion and execution of the contract – is carried out, in full compliance with Legislative Decree 196/2003, in manual and digital form.
Any refusal to provide the data will make it impossible to conclude the contract and provide the related services. The Data Controller will be Mr. Gianluca Passini. The data will be communicated only and to all those subjects to whom communication is necessary to allow the execution of the contract and the provision of services, or to the Authorities if required by specific regulations. The data may also be communicated to tax, accounting and legal consultants for the fulfillment of legal obligations and/or for the exercise of legal rights. The photos and data may also be used by Indian Bike Therapy for advertising and marketing purposes. At any time all rights may be exercised ex. Art. 7 D. Lgs. 196/2003 by contcting the Data Processor. With the conclusion of this contract will be taken note of the information indicated above, giving its consent and authorizing the processing of data for the purposes and within the limits indicated by the aforementioned information.
9 – APPLICABLE LAW AND COMPETENT HOLE.
The contract is subject to Italian law.
Any dispute arising from the contract will be submitted to the exclusive jurisdiction of the Court of Prato with the exclusion of any other competing forum.
10 – COMMUNICATIONS.
Unless expressly provided for in difference sense,communications to Indian Bike Therapy should be made at info@indianbiketherapy.it or by pec at the address indianbiketherapy@legalmail.it.
Pursuant to and for the purposes of articles 1341 and 1342 C.C. the participant with the conclusion of the contract declares that he has read and specifically approves the following clauses: 3 – OBLIGATIONS OF THE PARTICIPANT, 5 – RIGHT OF WITHDRAWAL, 6 – CESSION OF THE CONTRACT, 7 – CONFORTATED, 8 – PRIVACY AND COLLECTION OF PERSONAL INFORMATION DATA, 9 – APPLICABLE LAW AND COMPETENT HOLE.