1 - GENERAL PRINCIPLES AND RULES
1.1 - Introduction
The following standard terms and conditions (hereinafter “Terms”) regulate the relationship between Life On 2 Wheels Cycling Club S.L.U. (hereinafter “LO2W”) and the customer concerning equipment rental, guiding-, coaching-, physiotherapy services, package travel and product sales. Before requesting a service or product offered at www.lifeon2wheels.eu you must ensure that you have read and understood these Terms, as they will govern any subsequent contract.
By usage of this website and/or making a booking, you confirm that you have read these Terms and have the legal capacity to accept them on behalf of yourself, and other customers when you are acting on behalf of them. If you do not understand these Terms, LO2W strongly recommend that you contact our customer service. LO2W’s contact information is available at https://www.lifeon2wheels.eu/legal/imprint.
If any provision of these Terms is held by any competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions of these Terms and the remaining provisions will not be affected.
The contract between LO2W and the customer is defined as the order confirmation which confirms the customer’s booking. In the event of any conflict or inconsistency between the order confirmation and the booking, the order confirmation shall take precedence.
The Terms is a part of the contract between LO2W and the customer. In the event of any conflict or inconsistency between the order confirmation and these Terms, the order confirmation shall take precedence.
LO2W has a dynamic right to change the information on the website, at any time, if LO2W finds it expedient or necessary.
1.2 - The conclusion of the agreement
The contract between the customer and LO2W is concluded once LO2W has confirmed the order after the customers booking of a service or product. The customer is legally bound to the contract when the order is confirmed. The booking system is delivered by FareHarbor. More information about the booking system and FareHarbor’s Terms of Service are available at https://fareharbor.com/legal/tos/. Information about LO2W’s services and products is available at www.lifeon2wheels.eu.
1.3 - Deposit, price and payment terms
LO2W may claim a deposit, if it is stated in the contract. The customer shall pay the deposit in accordance with the contract. If there is no information in the contract about the payment date, the deposit is due within 6 days after the customer ordered the service or the product. The price of the service or product shall be stated in the contract. If stated in the contract, LO2W may increase the price. If LO2W increases the price, the customer shall be notified no later than 20 days before the delivery of the service or product.
Payment processing for LO2W’s products and services is provided by Stripe and is subject to the Stripe Connected Account Agreement and the Stripe Terms of Service. More information is available at https://stripe.com/us/connect-account/legal and https://stripe.com/us/legal.
1.4 - Information given by a third party
LO2W is not responsible for information given by a third party, unless it is stated in these Terms or in the contract.
1.5 - General rules
For safety reasons, the customer must be aware of, understand and comply with these rules while using our services or equipment:
- Exercise caution and follow domestic law.
- Always bring mobile phone, cash and valid ID papers.
- Always bring adequate clothing for riding in the mountains.
- Use of headphones or mobile phone while riding is forbidden.
- Use of helmet is mandatory. Always wear a helmet during cycling, also uphill.
- Use of front and rear safety lights is mandatory while riding through the tunnels on Gran Canaria.
- Use of the rented equipment under the influence of alcohol or drugs is forbidden.
- Use of the rented equipment on the beach or in seawater is forbidden, and will incur a maintenance fee.
- Use the equipment only on public roads. Trespassing private property or restricted areas is prohibited.
- Do not take any unnecessary risks, and ride within own technical ability. Racing downhill is not permitted.
- Never cut blind corners. There may be oncoming traffic or other hidden obstacles.
- Never overlap the wheel with another rider. This is dangerous and may cause an accident.
- Pay attention to and follow the guide’s instructions. Do not leave the group unless the guide grants you permission to do so.
- Repeat the guide’s hand signals when deemed safe.
- Wait along the route if you are unsure about the directions.
1.6 - Violation of the rules
If the customer violates one or several of these rules, LO2W may give him or her a verbal warning. By repeated violations, LO2W may expel him or her from the service and withdraw any rented equipment without reimbursement to the customer. If a customer has been expelled several times, LO2W may in the future deny him or her access to the services.
1.7 - Cancellation of services
LO2W may cancel a service without any liability if the service cannot be provided due to obstacles that LO2W is unable to foresee or avoid. This includes extreme weather conditions, war, dangerous infections and diseases, catastrophes and other situations that are unforeseeable or unavoidable on the part of LO2W.
1.8 - The customer’s right to cancel the service contract
Unless otherwise specified under the terms for the specific service, the following cancellation terms will apply:
If the customer notifies LO2W...
- within 7 days before the service is scheduled to start, the customer may cancel with 100% refund from LO2W.
- between 7 and 2 days before the service is scheduled to start, the customer may cancel with 50% refund from LO2W.
- less than 2 days before the service is scheduled to start, the customer may cancel with 0% refund from LO2W.
The notification of cancellation must be clear, detailed and emailed to [email protected] for LO2W to accommodate the claim.
1.9 - LO2W’s responsibility
LO2W cannot be held liable for incidents that may occur during the provision of these services, hereby illnesses, personal injuries or death – unless it is caused by negligence on the part of LO2W. The customer has the burden of proof.
1.10 - Correction
If a service lacks conformity, LO2W has a right to correct the error. This does not apply if the correction cannot be done without unreasonable costs for LO2W. The correction shall be done within reasonable time, without any costs or significant disadvantages for the customer.
1.11 - Price reduction
If it is not possible for LO2W to correct the lack of conformity, the customer may claim a proportional price reduction. The proportional price reduction shall correspond with the value of the service with – and without – the lack of conformity.
1.12 - The customer’s right to terminate the contract
The customer may terminate the contract with LO2W if the lack of conformity is significant or material.
1.13 - Error or lack of conformity beyond the control of LO2W
The remedies for breach of contract do not apply if the error or lack of conformity is due to impediments beyond the control of LO2W. LO2W may modify the service due to weather or lack of attendance.
1.14 - Copyright and Trademark notice
“Life On 2 Wheels” and “LO2W” are registered trademarks of LO2W. All titles, content, publisher names, trademarks, artwork, and associated imagery are trademarks and/or copyright material of their respective owners. All rights reserved. Unauthorised use is a violation of copyrights, trademarks, or proprietary rights.
1.15 - Complaints or appeals relating to LO2W’s decisions or contract
The costumer may appeal to the European Consumer Center in Spain (Centro Europeo del Consumidor en España) if the contract lacks conformity or has errors. More information about the European Consumer Center in Spain is available at http://www.cec-msssi.es/en/CEC/web/home/index.htm
1.16 - LO2W’s venue
Actions arising out of a contract with LO2W shall be brought to LO2W’s ordinary venue. LO2W ordinary venue is Juzgados de lo Mercantil nº 2, address C/ Malaga 2, 35016 Las Palmas de Gran Canaria, SPAIN, phone: +34 928 116 561, fax: +34 928 429 738.
4 - SPECIFIC TERMS FOR PRODUCT SALES
4.1 - Applicable law
Trades of LO2W’s products are regulated under the Spanish Act relating to consumer purchases Ley 4/2018, of June 11, which modifies the revised text of the General Law for the Defense of Consumers and Users (Ley General para la Defensa de los Consumidores y Usuarios) and the Spanish Act relating to the duty of disclosure regarding and right to cancel distance contracts and off-premises sales Ley 34/2002, of July 11, (Servicios de la Sociedad de Información y Comercio Electrónico). These acts shall be used to interpret the Standard Terms.
4.2 - The risk of the product
The risk of the product is transferred from LO2W to the customer upon delivery of the product. The product is delivered when the carrier has it in his or her possession. If the customer must collect the product from a location other than LO2W’s premises, the risk is transferred when the delivery time has arrived, and the customer is aware that the product has been placed at LO2W disposal at the place of delivery.
4.3 - Requirements
The product shall meet the requirements in respect of its nature, quantity, quality, other properties and packaging stated in the contract and described at www.lifeon2wheels.eu.
4.4 - Defects
The product has a defect if it lacks conformity with the requirements described at www.lifeon2wheels.eu, or is not in accordance with what is stated in the contract. The product also has a defect when it does not correspond to the information which LO2W, in their marketing or otherwise, has provided about the product or its use, unless the seller demonstrates that the information has been clearly corrected prior to the purchase or that it cannot have influenced the purchase.
4.5 - Products sold “as is”
LO2W has a right to sell products with an “as is” proviso. Even though a product is sold “as is” or with a similar proviso, a defect exists when the product is in a worse condition than the customer had reasonable grounds to expect based on the proviso, the purchase price and circumstances otherwise.
4.6 - Complaints
If a product is defective, the customer must, within 2 months after he or she discovered or should have discovered the defect, notify LO2W that the customer intends to submit a formal complaint with respect thereto.
4.7 - The customer’s right to withhold payments
The customer is entitled to withhold payment to cover claims resulting from the defect, but not more than that amount which would provide reasonable surety for the claim.
4.8 - Rectification and redelivery (remediation)
The customer may choose whether to demand that LO2W rectifies the defect or delivers a corresponding product (redelivery). This does not apply if fulfilment of the claim is impossible or would cause LO2W unreasonable costs. The remediation shall be done within reasonable time.
4.9 - Price reduction
If it is expedient, the customer may demand a suitable price reduction such that the relationship between the reduced and the agreed price corresponds to the relationship between the product's value in its defective condition and its contractually specified condition at the time of delivery.
4.10 - Cancellation
The customer may cancel the contract if the product’s defect is significant.
4.11 - Compensation
The customer may claim compensation for losses he or she suffers as a result of the fact that the product is defective.
4.12 - Error or lack of conformity beyond the control of LO2W
The remedies for breach of contract do not apply if the error or lack of conformity is due to impediments beyond the control of LO2W.
4.13 - The purchase price
The customer shall pay the agreed price stated in the contract. If a purchase has been made without the price being specified in the contract or in information provided by LO2W in advertisements, display offers, etc., the customer shall pay the prevailing price at the time the contract was entered into for the same type of goods sold under similar conditions, unless the price is unreasonable. If no such prevailing price exists, the customer must pay a reasonable price, considering the nature and quality of the item and circumstances otherwise.
4.14 - Date of the payment
The customer shall pay the price within the date stated in the contract.
4.15 - The customer’s duty to contribute to the fulfilment of the purchase
The customer shall provide such assistance which is reasonable to expect of him or her for LO2W to be able to fulfil the purchase. To fulfil the purchase the customer must take possession of the product by collecting or receiving it.
4.16 - LO2W’s right if the customer fails to pay
If the customer fails to pay or meet his or her other obligations under the contract or pursuant to law, and this is not caused by LO2W,
LO2W is entitled to...
- demand that the customer pays the price stated in the contract. However, this does not apply if the payment is prevented by halts in transport or payment processing or other circumstances beyond the customer’s control and which the customer is unable to overcome.
- cancel the purchase on the grounds of late payment or other breach of contract by the customer if the customer’s breach of contract is material or significant. LO2W may not cancel the purchase once the price stated in the contract has been paid.
- claim compensation for any loss the company suffers as a consequence of the breach of contract by the customer. The compensation for breach of contract by the customer shall correspond to the financial loss, including outlays, price difference and lost profit, which LO2W has suffered as a result of the breach of contract.
4.17 - Information about the products
Information about the products is available at www.lifeon2wheels.eu/products.
4.18 - The customer’s right to withdraw from the contract
The customer is entitled to withdraw from the contract by giving LO2W notice within 14 days after the date when the contract was concluded, or the date when the customer takes physical possession of product. The notification of withdrawal must be clear, detailed and sent to [email protected] for LO2W to accommodate the claim.
4.19 - Exceptions to the right to withdraw from the order/contract
The right to withdraw does not apply to contracts for:
- The delivery of goods which, due to their nature, are mixed with other goods after delivery in such a way that they cannot be separated from each other.
- The delivery of goods that deteriorate or quickly reach their expiry date.
- A service, after the service has been provided, if delivery has started with the customer's express advance consent and the customer has acknowledged that the right to cancel will be lost when LO2W has fulfilled its obligations pursuant to the contract.
- The delivery of goods or services whose price depends on fluctuations in the financial market that may take place by the expiry of the cancellation period and cannot be controlled by the trader.
- The delivery of goods that are manufactured to the customer's specifications or that have been clearly personalised.
- The delivery of sealed goods which, for health-protection or hygienic reasons, are not suitable for return and where the seal has been broken after delivery.
- Urgent repairs or services when the customer expressly asks LO2W to visit the customer. Additional services or additional goods that are provided at the same time and that are not covered by the first sentence are not covered by the exception to the right to cancel.
- The delivery of sealed sound or picture recordings or sealed software that the customer has broken the seal of.
- The delivery of a newspaper, periodical or magazine, with the exception of subscription contracts for the delivery of such publications.
- The provision of accommodation services for purposes other than housing, goods-transport services, car-rental services, catering services and services relating to leisure activities when the contract stipulates a specific date or specific period when such services are to be provided.
- The delivery of digital content that is not delivered on a physical medium if the delivery has started with the customer's express consent and the customer acknowledges that the right to cancel is lost.
4.20 - LO2W’s obligations when the right to withdraw is exercised
LO2W shall return any payments received from the customer when the right to withdraw from the contract is exercised. Repayment shall take place without unnecessary delay and latest within 14 days from the date LO2W received the notice of the customer’s decision to exercise the right to withdraw.
5 - SPECIFIC TERMS FOR PACKAGE TRAVEL SERVICES
5.1 - Applicable law
The package travel services are regulated under the Package Travel Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC. The Package Travel Directive applies if the Terms or the contract doesn’t regulate the situation.
In the event of inconsistencies between the contract, these Terms and/or the confirmed order, the documents shall have priority in the mentioned order. More information about LO2W services are available at www.lifeon2wheels.eu.
5.2 - Deposit, price and payment
LO2W may claim a deposit, if it is stated in the contract. The customer shall pay the deposit in accordance with the contract. If there is no information in the contract about the payment deadline, the deposit shall be payed 6 days after the customer has ordered the package travel. The price of the package travel shall be stated in the contract. LO2W may increase the price, if it is stated in the contract. LO2W may only increase the price on the basis of increased expenses related to fuel, duties, taxes and/or currency. If LO2W increases the price, the customer shall be notified 20 days before the departure date. More information about the price related to each package service is available at www.lifeon2wheels.eu.
5.3 - Transfer of the package travel contract to another customer
A customer may transfer the package travel contract to a person who satisfies all the conditions applicable to that contract. The customer is responsible for any extra costs related to the transfer. The customer shall inform LO2W about the transfer within reasonable time before departure. Accordingly, it is the customers responsibility to know other rules that may limit the transfer, for example applicable rules related to flight, connecting flights and other aspects related to the package travel.
5.4 - Cancellation – customer
The customer may terminate the contract at any time before the package travel begins. LO2W may claim a cancellation fee.
If the customer terminates the contract...
- more than 90 days before departure, full refund less 100 € cancellation fee will apply.
- between 61-90 days before departure, a cancellation fee of 25% of trip price will apply.
- between 31-60 days before departure, a cancellation fee of 50% of trip price will apply.
- 30 days or less before departure, a cancellation fee of 100% of trip price will apply.
5.5 - Cancellation – LO2W
LO2W may terminate the contract and provide the customer with a full refund, if the number of persons enrolled for the package travel is lower than the minimum number stated in the contract. LO2W shall notice the customer of the termination 20 days before the departure date, if the trip last for more than six days. If the trip last for more than two days, but less than six days, LO2W shall give the customer a notice latest 7 days before the departure date. If the trip lasts for less than two days, LO2W shall give the costumer a notice latest 48 hours before the departure date.
5.6 - Cancellation insurance and travel insurance
LO2W shall inform the customer about insurance related to cancellation of the contract. This applies when the customer must cancel the trip because of sudden illness connected to the customer himself or herself, someone he or she travels with or near family. The customer may conclude an insurance agreement at MAPFRE by calling +34 918 366 280 or visit https://www.mapfre.es/seguros/particulares/viajes/seguros-viaje. If the customer agrees to a contract later than 20 days before the package travel, LO2W is obligated to give the customer information about the cancellation insurance, limited to what is possible. Accordingly, if the customer does not conclude a travel insurance, the customer is obliged to bring a European Health Insurance Card. More information about the European Health Insurance Card is available at http://ec.europa.eu/social/main.jsp?catId=559. If the customer has concluded a travel insurance, the customer may terminate the package travel contract if the terms of the applicable insurance contract are fulfilled.
5.7 - Visa or other entry permit
The customer is obliged to ensure valid entry permit. Non-European citizens willing to travel to Europe for tourism purpose might be required to apply for a short-term Schengen visa under “tourist” specification. More information about visa and entry permits are available at https://www.schengenvisainfo.com/tourist-schengen-visa/.
5.8 - Domestic law
The customer is obliged to know and follow any domestic law.
5.9 - Delivery of the package travel
LO2W is obliged to deliver the package travel in accordance with the contract and information at www.lifeon2wheels.eu. If the services are not delivered in accordance with the contract, LO2W has the right to remedy the lack of conformity.
If LO2W does not remedy the contract lack of conformity within a reasonable time determined by the customer, the customer has a right to price reduction or compensation for damages. The customer is not entitled to compensation for damages if LO2W proves that the lack of conformity is attributable to the customer, attributable to a third party not connected with the provision of the of the travel services included in the package travel contract and is unforeseeable or unavoidable or are due to unavoidable and extraordinary circumstances.
6 - SPECIFIC TERMS FOR COACHING SERVICES
6.1 - About the coaching service
The coaching service is a remotely delivered service, and the communication between the LO2W coach and the customer may be via phone, email, exercise diary, Skype or WhatsApp. The coaching service is subscription-based with recurring payments, either monthly or annually, depending on the purchased plan.
6.2 - The contents of the coaching service
LO2W shall inform the customer about the contents of the coaching service through www.lifeon2wheels.eu. The coaching service shall be in accordance with the contract and the information given on the website.
6.3 - Insurance
The customer shall have a valid insurance that covers all aspects of the coaching service. Accordingly, if the customer does not have an insurance, the customer must have a European Health Insurance Card. More information about the European Health Insurance Card is available at https://ec.europa.eu/social/main.jsp?catId=559.
6.4 - The customer’s right to withdraw from the coaching contract
The customer may withdraw from the subscription, when the contract expires. The customer must give LO2W a notice of withdrawal within 7 days of the expiry date stated in the contract. The customer may inform LO2W about the withdrawal when he or she concludes the contract. The customer cannot withdraw from the contract during the agreed period. If the customer does not withdraw from the contract before the expiry date, the contract will continue for another contract period.
6.5 - Frequency of payments
An automatic recurring payment in the range provided to the customer in writing, electronically, or as described by the LO2W representative will be made every month ("monthly subscription") or every year ("annual subscription") for renewal of the subscription on a recurring basis. The costumer will receive a payment notice via email 15 days prior to the payment date, and the customer will also receive a post-payment confirmation email following all automatic recurring payments.
6.6 - Automatic recurring payment failure
If the customer’s automatic recurring payment is declined; the customer will be contacted by phone or email. LO2W may permanently prohibit the customer’s use of a certain payment method if that payment method fails multiple times. If the automatic recurring payment fails, the customer will need to use another payment method. In the event any payment is not made, and the customer does not make a payment by the end of the billing cycle, the coaching service may be suspended or cancelled.
6.7 - Cancellation of automatic recurring payment
The customer has the right to withdraw the consent to the automatic recurring payment at any time. To cancel the automatic recurring payment, please send an email to [email protected]. The customer’s request to cancel the automatic recurring payment may take up to 24 hours to take effect.
6.8 - Re-establishing automatic recurring payment
If the customer wish to re-establish the automatic recurring payment, he or she may send LO2W an email to [email protected].
6.9 - Changing automatic recurring payment
If the customer would like to change the automatic recurring payment including, for example, making a change from one credit or debit card that was initially selected to another credit or debit card or bank account, the customer must authorise the recurring payment with the new credit or debit card or bank account by sending LO2W an email to [email protected]. The customer should inform LO2W about the requested change, but no sensitive card details should be included. The customer’s previously approved automatic recurring payment will be terminated within 24 hours.
6.10 - Electronic authorisation
The contract related to the electronic authorisation is between the customer and LO2W. The contract is not transferable.
6.11 - LO2W’s right to cancel the coaching contract
LO2W may cancel the contract if the cooperation with the customer is not satisfactory. This applies if the customer does not comply with LO2W’s Terms, advice, appointments and arrangements. If LO2W decides to cancel the contract, the customer shall be notified within reasonable time before the cancellation. When a contract is cancelled by LO2W, the customer has a right to get a refund for the remaining time of the contract period.
6.12 - Lack of progress
LO2W is not responsible for the customer’s lack of progress.
7 - SPECIFIC TERMS FOR PHYSIOTHERAPY SERVICES
7.1 - Justifiability
Any physiotherapy service shall be justifiable and in accordance with ordinary standards of an authorised physiotherapist.
7.2 - Confidentiality
The physiotherapist has a duty of confidentiality concerning information about the customer, which the physiotherapist receives connected to the treatment of the customer. The duty of confidentiality does not apply if the customer has given a written consent to the physiotherapist about further use of the confidential information.
The duty of consent does not apply...
- if the information is necessary and
- given to a colleague and
- in order to give a justifiable physiotherapist service and
- the customer does not resist the disclosure
7.3 - Lack of progress
LO2W or the physiotherapist are not responsible for the customer’s lack of progress.
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