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Terms and conditions of the contract and services

Legal regulation

By booking of any of the trips included in VIVEBIKE’s programme you are deemed to fully accept these general conditions which are considered to be automatically included in the final contract. Due to the fact that the programme is published well in advance, and due to the limitations of its content, customers will be provided with any additional information and notified of any changes to the programme in the documentation specific to each trip or programme.

These general conditions are governed by Royal Legislative Decree 1/2007 of November 16, approving the revised text of the General Law on the Protection of Consumers and Users and other supplementary laws, and other current provisions.

The contractual relationship between the organizing agency and the customer is governed by these general conditions, by the voucher/contract for the combined trip given to the customer on signing up for the trip, and by the technical specifications of the trip setting out its definitive content.

Organization

This combined trip has been organized by Joaquín Hernández de la Obra, who operates online under the tradename VIVEBIKE, with Tax ID no. 29742356K, registered address C/Don Gonzalo de Mena, 2, 41005 Sevilla, with CIAN number XXX (CIAN is the Spanish equivalent to ATOL), and website at www.vivebike.travel. The supervisory authority for tourism is the General Directorate for Quality, Innovation and Development of Tourism of the Regional Government of Andalusia.

Purchase procedure

Customers wishing to contract a combined trip should make a booking request by phone, email, or preferably on the booking form on VIVEBIKE’s website. The booking may refer to a trip included in the catalogue or a bespoke trip arranged for the customer. VIVEBIKE will make the necessary arrangements to confirm the requested booking for the number of people and dates of the trip, informing the customer of the outcome. If VIVEBIKE is not able to provide all the services of the requested trip it will try to offer the customer an alternative by replacing the unavailable services with other similar ones.

Payment

In order to confirm the booking the customer must deposit 25% of the total of the trip, which will go towards the final price of the trip. If the agency cannot provide the contracted trip, the deposit will be returned to the customer. Once this initial payment has been made, the agency will issue a receipt specifying the amount advanced by the customer and the combined trip requested. This document evidences the conclusion of the contract for the combined trip. The outstanding amount must be paid at the latest 15 days before the start of the trip. On receipt of payment the agency will send the customer the vouchers for the services and the travel documentation. If payment is not made within this period, the agency will understand that the customer has decided not to make the trip and so will forfeit his or her deposit.

Cancellation or modification of the booking by the customer

At any time the customer may cancel the services requested. The customer has the right to reclaim any amounts paid, but must pay the agency any administrative and cancellation expenses plus a penalty amount according to the schedule below:

  • 5% of the total amount of the trip if the cancellation was made before the 15 day period prior to the starting date of the trip.
  • 15% of the total amount of the trip if the cancellation was made between 15 and 3 days prior to the starting date of the trip.
  • 25% of the total amount of the trip if the cancellation was made in the 48 hour period prior to the starting date of the trip.
  • If the cancellation was made once the trip had started, no money will be refunded.

If the customer wishes to modify any component of the contracted trip, VIVEBIKE will charge for any cancellation, administrative and booking expenses arising from modification, plus €25 per person.

Alterations or cancellation by the agency

If prior to the start of the trip the agency is obliged to make a significant change to any essential element of the contract, it must notify the customer of that change immediately. In such a situation, and unless the parties agree otherwise, the customer may choose between either terminating the contract without penalty or accepting the modification of the contract. In the latter case the contract must specify the changes made and the impact on the price, if any. The customer most inform the agency of his or her decision in the three days following notification of the changes. If the customer does not inform the agency of the decision taken in the period stated, it will be assumed that he or she has opted to terminate the contract.

If, due to changes in the contract, the customer chooses to terminate the contract, or if the agency cancels the combined trip before the agreed starting date for any reason not attributable to the customer, from the moment when the contract is terminated, the customer will have the right to a refund of all amounts paid plus compensation in accordance with the schedule set out in the following paragraph, or to another combined trip of a similar or higher quality, provided that the agency is in a position to offer one. If the trip offered is of a lower quality, the agency will be obliged to reimburse the customer the difference in price, taking into account the amounts already paid by the customer.

The agency will be liable to compensate the customer for any breach of contract in accordance with the following schedule:

  • 5% of the total price of the trip contracted, if the breach of contract occurs in the period between two months and 15 days prior to the date set for the start of the trip.
  • 10% of the total price of the trip contracted, if the breach of contract occurs in the period between 15 days and two days prior to the date set for the start of the trip.
  • 25% of the total price of the trip contracted, if the breach of contract occurs in the 48 hours prior to the date set for the start of the trip.

There will be no obligation to pay compensation in the following cases: when arranging a trip is subject to a minimum number of participants, and this condition is duly specified, the agency may cancel the trip if the minimum number of participants is not reached, notifying the customer at least 10 days in advance of the date set for the start of the trip. The agency may also cancel a trip without compensation for reasons of force majeure, understood to be circumstances beyond the control of the service provider which are abnormal, unforeseeable, and whose consequences were unavoidable despite all due care having been taken.

Definition of the services of the combined trip

Accommodation

As part of our combined trips VIVEBIKE includes welcoming accommodation with a suitable level of comfort where customers will be well-treated. Breakfast is usually included, depending on the terms and conditions of each establishment. Accommodation is normally included in the price of the trip and is based on two people sharing a double room. Customers may book a room for single occupation by paying the relevant supplement provided that such an option is available. There are generally discounts for children, according to age, if they share a double room with two adults. For very young children there may be no charge.

Catering services

  • Picnic: a light lunch to eat en route which will normally consist of XXX. Alternatively, a picnic may consist of home-style cooking based on a set meal at a restaurant or inn on the route.
  • Dinners: Dinners are generally arranged at the accommodation, based on a gastronomic set meal, preferably based on regional and seasonal fare, including two courses, dessert and drinks.

Bicycle rental

This involves the rental of a specific bicycle in perfect condition to be used on all surfaces encountered on the contracted trip. As a general rule the bicycle is handed over at the starting point of the cyclable route. With the handing over of the bicycle the customer takes full responsibility for the care and maintenance of the bicycle and its equipment, and must therefore return it in the same condition as he or she received it.

Luggage transfer

This consists of the transport of the customer’s luggage between the accommodation at the start of a day’s ride to the next night’s accommodation, as defined in the trips that include this service or for which the service is offered as optional. Customers must have their luggage packed and ready before 10 a.m. at the accommodation at the start of a day’s ride, and VIVEBIKE undertakes to have it available to customers before 4 p.m. of the same day at the next establishment they will stay the night at according to the itinerary of the trip. If for reasons beyond VIVEBIKE’s control, such as transport disruption due to bad weather, a serious breakdown immobilizing the means of transport, etc., the agency cannot have a customer’s luggage available at the agreed time and place, alternative arrangements acceptable to the customer will be made and the luggage will be sent to its intended destination as soon as is technically possible.

In the luggage to be transferred customers may not pack money, credit cards, personal documentation (ID card, passport, etc.), travel contracts and tickets (such as air tickets), or any document whose loss would compromise the successful completion of the trip. The agency cannot accept any responsibility for any failure to meet this requirement by customers. Customers must also say if they are carrying anything fragile and, if so, must wrap it appropriately. They must also say if they are carrying any valuable items.

VIVEBIKE recommends its customers to take out an insurance policy covering their luggage.

Travel assistance line

This is a phone number that customers can call between 9 a.m. and 7 p.m. to obtain additional information or request any kind of on route assistance that can be provided. The number will connect you to a member of the company’s staff or by people who know the trip in question and have the authority to arrange assistance for customers. If assistance is requested, the customer must pay for any costs incurred (e.g. taxi to pick the customer up, etc.).

Transfer services

This consists of the transfer of customers by public or private transport (taxi, train, etc.) as part of the route or at its starting or finishing point. The transfer service may be included in the price of the trip, or offered as an option, or be requested on an individual basis.

Guided tours and services

Given the variety of this type of activities, guided tours may be offered as an optional or included in the price of the trip. This is usually a personalized service whose price per customer will normally decrease as the size of the group increases, so prices must be requested.

Taking out of individual and private insurance policies

If they wish, customers may take out insurance to cover cancelation costs and accidents. ¿reintegro de seguros?¿qué incluyen?

General conditions

  • The photographs and maps that appear in the catalogue are intended solely to provide customers with information of an indicative nature. No inaccuracy of any kind in this material may be construed as misleading information.
  • If the customer is dissatisfied with any of the services provided, he or she should ask the establishment in question for the complaints form and send a copy to VIVEBIKE.
  • Any of the services described in this section may be included in the overall price of the combined trip or may be a separate optional service.

Submission to the jurisdiction of ordinary courts

In the event of any dispute arising from the interpretation, application or performance of these general conditions, the customer and the travel agency agree to be subject to the jurisdiction of the courts of Seville, expressly waiving any other jurisdiction that may apply.