TERMS AND CONDITIONS

1. DEFINITIONS

1.1 When the following words are used in these Terms, they mean:

(a) Event Outside Our Control: is defined in clause 12.3;

(b) Booking: Your order for the Services is completed by You submitting the booking form via the OEB website together with any amendments confirmed by Us to You (if any);

(c) Services: The services that OEB are providing to You as set out in the Booking;

(d) Terms: the terms and conditions set out in this document;

(e) OEB/We/Our/Us: Ourense En Bici.

(f) You/Your: The person or persons listed on the Booking.

 

1.2 When OEB use the words “writing” or “written” in these Terms, this will include e-mail unless OEB say otherwise.

 

1.3 Where the expression “You” refers to two or more persons, the obligations or rights expressed relate to directly to each individual forming You, the client.

 

1.4 Unless the context otherwise requires, words in the singular shall include the plural and words in the plural shall include the singular.

 

1. OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which OEB supplies Services to You.

 

2.2 Please ensure that You and, where applicable, each person listed on the Booking, have read these Terms carefully, and check that the details on the Booking and in these Terms are complete and accurate before You submit the Booking. If You think that there is a mistake or require any changes, please contact OEB to discuss. OEB will confirm any changes in writing to avoid any confusion between You and OEB.

 

2.3 When You submit the Booking to OEB, this does not mean OEB have accepted your order for Services. Our acceptance of the Booking will take place as described in clause 2.4 below. If OEB are unable to supply You with the Services, OEB will inform You of this in writing and OEB will not process the Booking.

 

2.4 These Terms together with the Booking will become binding on You and OEB when OEB issue You with a written acceptance of a Booking, at which point a contract will come into existence between You and OEB.

 

2.5 If any of these Terms conflict with any Booking term, these Terms will take priority.

 

2.6 OEB shall assign a booking reference to Your Booking and inform You of it when the Booking is confirmed. Please quote Your Booking reference in all subsequent correspondence with OEB relating to Your Booking.

 

1. CHANGES TO BOOKING OR TERMS

3.1 OEB may revise these Terms or the Booking from time to time in the following circumstances:

(a) changes in relevant laws and regulatory requirements; or

(b) whilst unusual, amendments to Your Booking.

 

3.2 If OEB has to revise these Terms under clause 3.1(a), OEB will give You at least one month’s written notice of any changes to these Terms before they take effect. If OEB amends the Booking under clause 3.1(b), OEB will notify You as soon as reasonably practicably of any such amendments to the Booking. If the amendment is a material amendment which causes You a significant change to Your Booking, You can choose to cancel the contract in accordance with clause 13.

 

3.3 The information, routes and holidays outlined in OEB media, socials and on OEB website are illustrative only to demonstrate the scope and type of activities You may undertake during the tour or holiday with OEB. Due to the very nature of these activities being designed specifically to meet individual or group abilities and physical fitness, it is unlikely that these could be or would be precisely as published.

 

3.4 You may make a change to the Booking for Services any time before the arrival date set out in the Booking by contacting OEB in writing. Whilst OEB will endeavour to meet Your requirements. However, OEB cannot guarantee it will be able to meet all requests.

 

3.5 Where You are prevented from attending the training holiday, OEB will agree to Your Booking being transferred to a named individual introduced by You who satisfies all the conditions applicable to Your Booking and who has not been asked by OEB to leave a previous tour or holiday, Subject always to both persons accepting joint and several liability for full payment of the Booking price and OEB charges for confirming the transfer and any additional costs arising from the transfer including any difference in price applicable to You but not the person to whom Your Booking is transferred to. OEB must be given reasonable notice of the transfer request, which is considered to be at least 14 days before Your arrival date.

 

3.6 Where a request under this clause means a change in the total price of the Services, OEB will notify You of the amended price in writing. You can choose to cancel the Booking as per clause 13 in these circumstances.

 

3.7 If You wish to cancel a Booking before it has been fulfilled, please see your rights to do so in clause 13.

 

1. PROVIDING SERVICES

4.1 OEB will supply the Services to You as per the details on Your Booking from the arrival date/hour set until Your departure date/hour set.

 

4.2 OEB will need certain information from You that is necessary for OEB to provide the Services, for example, details of Your arrival and departure times, cycling ability and confidence, any special dietary requirements and any medical conditions which may impact Your ability to partake in the cycling activity. OEB will contact You in writing about this. If You do not, after being asked by OEB, provide OEB with this information, or You provide OEB with incomplete or incorrect information, OEB may make an additional charge of a reasonable sum to cover any extra work that is required. OEB will not be liable for any delay or non-performance where You have not provided this information to OEB on time after We have asked.

 

4.3 The abilities, physical fitness, and aims of each participant on Your activity and or holiday and the weather are all factors which can influence the Services and what can reasonably be achieved during Your activity and or holiday. Taking these factors into account and the aims of the activity and or holiday as described in OEB documentation, OEB will construct the best itinerary possible. We may review and alter the programme as the activity and or holiday progresses in response to the changing influence of these factors.

 

4.4 OEB may also have to adjust the activity and or itinerary forming part of the Services if, for example, we are unable to access certain facilities to undertake the activity and or itinerary and/or if a guide is taken ill. In such circumstances, OEB will do its very best to make suitable alternative arrangements. OEB will contact You promptly to let You know in advance where this occurs.

4.5 OEB will make every effort to provide the Services. However, there may be delays due to an Event Outside Our Control. See clause 11 for Our responsibilities when an Event Outside Our Control happens.

 

1. BEHAVIOUR

5.1 You are required to have due consideration for other people both on the activity trail and throughout the holiday and in the locality, and in doing so, You must refrain from any conduct which may cause distress, danger, offence, annoyance and/or damage to any person or which risks damage to property belonging to others. Failure to do so may lead to You being personally liable to such third party or the owner of the property.

 

5.2 If in Our reasonable opinion, OEB believe You are in breach of Your obligation in clause 5.1, OEB reserves the right to take appropriate action in order to ensure the safety and comfort of OEB clients and their property and that of OEB agents and suppliers, including terminating Your Services with immediate effect.

 

5.3 In exercising our rights under clause 5.2, if OEB terminates Your Services under this contract, Our obligations under this contract to You (including any person/s or luggage transfer arrangements) will immediately cease and OEB will not be responsible for any costs or expenses You may incur as a result nor will OEB make any refunds or pay any compensation to You. Further, you will be liable to reimburse OEB for any expenses OEB incur necessarily as a result of such termination or other action under clause 5.2.

 

1. IF THERE IS A PROBLEM WITH THE SERVICES

6.1 In the unlikely event that there is any problem or issue with the Services:

(a) please contact OEB and tell OEB as soon as reasonably possible by informing OEB using the details at clause 15.2 below;

(b) please give OEB a reasonable opportunity to investigate and resolve any issues; and

(c) OEB will use every effort to investigate and resolve the issue as soon as reasonably practicable.

You will not have to pay for OEB to resolve an issue with the Services under clause 6.1.

 

6.2 As a consumer, You have legal rights concerning Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local government or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

1. TRAVEL PERMISSIONS AND HEALTH REQUIREMENTS

7.1 It is Your responsibility to ensure that You have all necessary and up-to-date travel and health documents before Your arrival date as set out in Your Booking. OEB will not accept any liability if You are refused entry onto any transport or into any country due to failure on Your part to carry out correct documentation and/or provide personal details as may be required. Please check carefully with the government guidance and with your airline before travel that you have everything you need.

 

7.2 Those clients with a non-EU passport must check passport and visa requirements with the Embassy or Consulate of the countries to or through which You are intending to travel. Please note that Brexit has affected the status of the EHIC card for UK citizens. Please refer to up-to-date government guidance as to whether the EHIC card will still be valid in Spain at the time of your arrival.

 

7.3 You should take up-to-date health advice about the health precautions You will need to take before Your arrival date.

 

1. ACCOMMODATION AND OCCUPANCY

8.1 Only the persons listed on the Booking may stay in or use the accommodation and facilities provided to You as part of the Services. Sharing or sub-letting is not permitted under any circumstances.

 

1. PRICE AND PAYMENT

9.1 The price of the Services will be set out at the time OEB confirm your Booking. OEB prices may change at any time, but price changes will not affect Bookings that OEB have already confirmed with You.

 

9.2 OEB will contact each member of the group by email (where one has been provided) before Your arrival date to request the information set out in clause 4.2 and any additional extras You require, for example, equipment hire. You are required to pay for such additional extras to Your Booking before Your arrival date. Failure to pay for any additional extras before Your arrival date may mean that additional fees may be charged to You, and/or provision of such additional extras cannot be provided.

 

9.3 The price of any additional extras You request to Your Booking for Services will be set out on the OEB price list in force at the time OEB confirm such amendments to Your Booking. OEB prices may change at any time, but price changes will not affect Bookings that We have confirmed with You.

 

9.4 These prices are in EUR and inclusive of taxes and charges, including but not limited to IVA (IVA is the Spanish version of VAT). However, if the rate of the taxes (including but limited to IVA) changes between the date of the Booking and the date of delivery or performance, OEB will adjust the rate of the tax that You pay unless You have already paid for the Services in full before the change in the rate of tax takes effect.

 

9.5 Where OEB are providing Services to You (including any additional extras requested by You under clause 9.2), OEB will ask You to make an advance payment of the full price of the Services. Your rights to a refund on cancellation are set out in clause 13.

 

9.6 On delivery of the rented items, You must read, accept and sign the rental agreement. A security deposit is 200 EURO for each bicycle. The Customer responsible for the booking and signing the rental contract must be over 18 years old. At the end of the rental period, the customer accepts the charges for any missing or broken items at market prices. The deposit will be refunded if the rented equipment is returned in the same conditions it was procured. If the missing or broken items exceed the deposit amount, the customer must settle the balance. We strongly recommend that You take out the insurance described in clause 11.1.

 

9.6 However, if You dispute an invoice in good faith and contact OEB to let OEB know promptly after You have received an invoice that You dispute it, clause 9.4 will not apply for the period of the dispute.

 

9.7 Where a Booking has been submitted on behalf of two or more persons, the individual who submits the Booking is responsible for making all payments on behalf of the group.

 

1. OUR LIABILITY TO YOU

10.1 If OEB fails to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by You and Us at the time we entered into this contract.

 

10.2 Other than set out in clause 10.6, OEB are not responsible for loss or damage which is caused by OEB's failure to perform or improper performance of these Terms which is due to:

(a) Your own acts and/or omissions or the acts and/or omissions of members of Your group;

(b) the acts and/or omissions of a third party not being a duly authorised agent of Ours in the provision of the Services; or

(c) an Event Outside of Our Control.

 

10.3 Other than set out in clause 10.6, OEB are not responsible for any services which do not form part of our contract with You, for example, any additional services or facilities which the hotel or any other supplier agrees to provide You, nor are OEB responsible for any loss and/or damage to luggage or personal possessions (including money).

 

10.4 OEB only supply the Services for private use. You agree not to use the Services for any business purpose, and OEB has no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

10.5 OEB do not exclude or limit in any way Our liability for:

(a) death or personal injury caused by Our negligence, acts or omissions or the negligence, acts or omissions of Our employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

 

10.6 OEB do not hold liability for bike mechanics' work when requested by you. By starting riding a bike after it has had mechanical alterations only at your request, you are declaring it fit to ride and are satisfied that it is in good working order. This is done in the knowledge that the guide may have limited and not qualified knowledge on how to fix the bike and is adjusting it at your request and to keep you riding rather than calling out a safety vehicle. You may refuse mechanical assistance, and no member of staff will tamper with your bike without your express permission.

 

 

 

1. INSURANCE

11.1 It is Your responsibility to take out adequate cycling insurance, accident and travel insurance at the time of making Your Booking. Please note that some insurance policies exclude cycling except by way of transport, and therefore, You may require additional insurance to cover multi-day tours, long distances and activities on certain terrains and elevation gain when the cycling activity on Your Booking is undertaken with a guide on adventure sport holidays exceeds such description.

 

11.2 OEB has third-party liability insurance coverage. OEB is not responsible for injury or damages caused to/by You during the activity or tour period.

 

11.3 We strongly recommend that You take out the insurance described in clause 11.1. If You choose to travel without adequate insurance cover, OEB will not be liable for any losses, howsoever arising, in respect of which insurance cover would otherwise have been available.

 

1. EVENTS OUTSIDE OUR CONTROL

12.1 OEB will not be liable or responsible for paying any compensation, reimbursing expenses or covering losses for any other amount or otherwise accept responsibility for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

 

12.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms We will contact You as soon as reasonably possible to notify You.

 

12.3 An Event Outside Our Control means any act or event of an unusual and unforeseeable circumstance beyond Our reasonable control, the consequences of which could not have been avoided even if all due care had been exercised. Such circumstances include strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster or failure of public or private telecommunications networks.

 

1. CANCELLATION POLICY

13.1 Cancellations made by You up to 30 days from the start date will receive a full refund.

 

13.2 Cancellations made by You up to 14 days from the start date will receive an 80% refund.

 

13.3 Cancellations made by You up to 7 days from the start date will receive a 50% refund.

 

13.4 Any Cancellations made by You within 7 days of the start date will not be refunded. However, an exchange to another date in the future will be offered (subject to availability) subject to an admin charge of EUR25 per person.

    

13.5 At any time, you have the option to postpone your holiday to another date in the future (subject to availability). An admin charge of EUR25 per person will apply if this happens less than 14 days weeks before the start of your holiday.

 

13.6 No-shows will be charged in full and considered non‐refundable. Exceptions to this policy cannot be made for any reason.

 

13.7 OEB does not provide a refund for early return from an activity or return of rented items. OEB cannot be made responsible for the customer´s personal circumstances, sicknesses, weather conditions or any other event of force majeure. The customer accepts that no refunds will be made for any of the above reasons without any exceptions.

 

We strongly recommend that you come with adequate travel insurance to cover the cost of flight cancellation and holiday disruption or cancellation, especially at this time when the risks of cancellation are higher than usual.

 

1. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

14.1 In the unlikely event that OEB has to cancel a Booking for Services before Your arrival date set out in Your Booking for the Services, OEB will promptly contact You to inform You. In such circumstances, You can choose to either have a refund or accept a replacement activity or tour from Us of closely similar standard and price if one is available in the same calendar year. OEB will always refund the difference in price if the replacement holiday is of a lower standard and price.

 

14.2 OEB may cancel the contract for Services or such part of the Services at any time with immediate effect by giving You written notice if:

(a) You do not pay OEB the balance of the price for the Services on time when You are supposed to, as set out in clause 9.4. In such circumstances, OEB shall cancel that part of the Services for which payment remains due and outstanding and retain any deposit (if any) paid by You to Us for such Services; or

(b) You break the contract in any other material way, including but not limited to such events described in clause 5, and You do not correct or resolve the situation immediately upon Us requesting You to alter Your behaviour. In such circumstances, OEB may terminate the Services and will not make any refund, pay You any compensation or meet any costs or expenses You incur as a result.

 

14.3 Very rarely, OEB may be forced by an Event Outside Our Control to change or terminate Your Services after Your arrival date but before Your scheduled departure date. This is extremely unlikely, but if this situation does occur, OEB regrets we will be unable to make any refunds, pay You any compensation or meet any costs or expenses You incur as a result.

 

1. INFORMATION ABOUT US AND HOW TO CONTACT US

15.1 Ourense en Bici (Ourense by Bike) or OEB adventure cycling activities was created and managed by Danny Shafrir, Y8323112R registred autónomo in the Community of Galicia, España.

 

15.2 If You have any questions or if You have any complaints, please contact OEB by e-mailing Us at info@ourenseenbici.com or call +34 648 798 417.

 

1. HOW WE MAY USE YOUR PERSONAL INFORMATION

16.1 OEB will use the personal information You provide to Us to:

(a) provide the Services;

(b) process your payment for such Services; and

(c) inform You about similar products or services that OEB may provide, but You may stop receiving these at any time by unsubscribing to our email list or by contacting Us.

 

16.2 We will not give your personal data to any third party.

 

16.3 OEB reserves the rights to any media, images and films it has taken during any of its activities and will be using it for marketing purposes across its media platform. If, for any reason, You wish to withdraw your consent for your personal image (Data) to be used in such a way, You should notify OEB in writing or tick the appropriate box in the waiver or Booking form.

 

1. OTHER IMPORTANT TERMS

17.1 You must respect Spanish traffic regulations. Any violation, penalty or fine given during the Service due to incorrect use of the bicycle and or the road will be completely assumed by You.

 

17.2 OEB may transfer Our rights and obligations under these Terms to another organisation, and OEB will always notify You in writing if this happens, but this will not affect your rights or Our obligations under these Terms.

 

17.3 You may only transfer your rights or your obligations under these Terms to another person if OEB agrees in writing.

 

17.4 This contract is between You and OEB. No other person shall have any rights to enforce any of its terms.

 

17.5 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

17.6 If OEB fails to insist that You perform any of your obligations under these Terms, or if OEB does not enforce Our rights against You, or if OEB delays in doing so, that will not mean that OEB has waived Our rights against You and will not mean that You do not have to comply with those obligations. If OEB does waive a default by You, OEB will only do so in writing, and that will not mean that OEB will automatically waive any later default by You.