Vertragsbedingungen

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CONTRACT GENERAL CONDITIONS

PUGLIA E PEDALA DI LOZITO DANIELE – Via G. Gentile 72, 70126 BARI, VAT 08144130724

GIVEN THAT

A. “Puglia e Pedala di Lozito Daniele” is an Individual Company, located in Bari at Via Gentile no. 72, Postal Code 70126, VAT number 08144130724, signed in the Register of Companies at Bari Chamber of Commerce as well as in REA (Economic Administrative Repertory) with no. 607534, registered email: lozitodaniele@pec.it, represented by his legal deputy Mr. Daniele Lozito (C.F. LZTDNL81D23F205G);
B. The company deals with cycling tourism, offering its customers the opportunity to choose between 5 different tourist routes by hiring bicycles for periods of time depending on customers’ choices and needs regarding routes, exclusively in Valle D’Itria area ( Apulia);
C. The customer or user of cycling services is to be considered as the purchaser, whereas the Assignee is to be considered any person, to be appointed as well, provided that the aforesaid satisfies all conditions required for providing services limited to a chosen route.
All of this premised, the Company and the Customer
AGREE AND STIPULATE AS FOLLOWS

Art. 1 Subject
Art. 2 Booking
Art. 3 Bicycle Delivery
Art. 4 Use/Rental Period
Art. 5 Return of Bicycles
Art. 6 Amount and payment terms
Art. 7 Maintenance/Repair/Warranties
Art. 8 Mandatory Assistance
Art. 9 Accident insurance and Customer responsibility
Art. 10 Modification and/or Cancellation of routes before departure
Art. 11 Modification and/or Cancellation of routes after departure
Art. 12 Customer withdrawal
Art. 13 Complaints
Art. 14 Health
Art. 15 Jurisdiction

1. Subject

1.1. This contract (hereinafter “Service Contract”) regulates the provision of services offered by the Company to Customers regarding cycling tourism routes chosen by said customers;
1.2. A route consists of making a bicycle available for a period of time (minimum 4 hours, maximum 8 hours) necessary for the entire route to take place.

2. Booking

2.1. The proposal is available either by booking it on Internet website (www.pugliaonbike.com) or in person, using the required form and filling it up, whose copy or feedeback will be sent to customers by email;
2.2. The acceptance of bookings is considered completed and the contract concluded when the latter gets to the proposer (with indication of day, time and place) after checking its complying with prescribed formalities and related payment;
2.3. All prices are in Euro and include all possible taxes on added values required by law according to company fiscal system. Further agreements and changes to the stipulated contract require a written confirmation by the Organizer;
2.4. Any request and/or requirement not included in this contract is left to the Company’s free choice.
2.5. Regarding the purposes of these general conditions, related communications are sent to the Customer at the address indicated on booking. These communications are understood as being known by the Customer, if they are correctly sent to the e-mail address mentioned above

 

Art. 3 Bicycle Delivery

3.1. The Customer acknowledges that the bicycle and related accessories delivered by the Company are in perfect working conditions and maintenance, said Customer will take care of the bicycle during the time of use with diligence and care.

 

Art. 4 Use/Rental Period

4.1. The bicycle is available to the customer who, for the time necessary to perform the activity/service referred to in this contract, can use it in the hours/day referred to in Article 2;
4.2. The bicycle is delivered to the Customer on the day and place chosen by the Company and is returned to the latter at the end of the rental period according to the following article 5.

Art. 5 Return of Bicycles

5.1. When the rental period expires, the Customer must return the bicycle to the Company, in the place indicated in Article 4, in the same conditions in which it was delivered. Any problems, faults or discrepancies must be promptly communicated to the Company representative;
5.2. The bicycle must be delivered in perfect conditions. In case of either loss or damage or theft, these latters will be charged to the customer.

 

Art. 6 Amount and payment terms

6.1. The amount for the routes due by the Customer , including charges and accessories, is equal to the amount indicated on website www.pugliaonbike.com, in the catalog or the out-of-print programs and includes possible updates to said web, catalogs or out-of-catalog programs occurred afterwards. It may be changed up to 20 days prior to departure;
6.2. Payments must be made via PayPal and/or at sight in case of closing a contract in person;
6.3. In case of violation of the aforementioned payment terms and/or communication – if this is not due to force majeure – the Organizer is immediately and without notice entitled to terminate this contract pursuant to art. 1456 c.c. by a simple written communication, except in case of compensation for damages;

 

Art. 7 Maintenance/Repair/Warranties

7.1. The customer has to be particularly caring of the bicycle by delivering it in the same conditions in which it was handed over;
7.2. The costs for repairs, provided they are not ascribed to Customer’s fault or deliberate misconduct, will be totally borne by the Company if deemed necessary;
7.3. The Customer is fully responsible for all damages resulting from fault or negligence;

 

Art. 8 Mandatory Assistance

8.1. The organizer must provide assistance to customers according to a correct professional behaviour, in particular with reference to obligations at his own expense as required by law or contract;
8.2. The organizer and the intermediary are exempt from each own responsibilities (articles 9, 10 and 11 of these General Conditions), when the non-execution or incorrect execution of the contract is due to the Customer or to an unpredictable or inevitable third party, that is, it was caused by a fortuitous event or force majeure;

Art. 9 Accident insurance and Customer responsibility

9.1. The company is a holder of an R.C.T (Third Party Liability) insurance policy number 160641091 and an insurance policy number 160641010, stipulated with Unipolsai SpA company, which guarantees every insured for events such as death, permanent disability and reimbursement of medical expenses as well as R.C.T.

9.2 LIABILITY REGIME

The organizer is liable for damages caused to Customers, unless he proves that said events derive from Customers’ deeds (including initiatives taken on their own during a tour) or from a third party unpredictable or unavoidable event, from circumstances beyond the services provided in this contract, by chance, by force majeure or by events the Organizer himself could not reasonably foresee or solve, according to his professional correctness. Exemptions and overdrafts will be charged to Customers according to stipulated conditions (5% permanent disability with a maximum of 30.000, medical expense reimbursement, 10% uncovered with a non-indemnifiable minimum of 50,00 euros, maximum reimbursement of 500,00 euros) .
9.3. COMPENSATION LIMITS
The compensation and related limitation periods are ruled by the provisions and in any case within the limits established by Articles 1783 and 1784 of the Civil Code.

 

Art. 10 Modification and/or Cancellation of routes before departure

10.1. Before departure, the Organizer who significantly needs to change one or more parts in the contract, gives immediate notice in writing to Customers, indicating the change and the resulting different price. If one does not accept a modification proposal, the Customer may either exercise the right to have reimbursed the sum already paid or to receive another offer;
10.2. The Customer may exercise the above-mentioned rights even when the cancellation depends on cases of force majeure and fortuitous events in relation to a selected route.

 

Art. 11 Modification and/or Cancellation of routes after departure

11.1. After the departure, if the Organizer is unable to provide an essential part of the services covered by the contract for any reason, except for reasons depending on Customers, he has to provide alternative solutions, without extra price to be charged to the Contractor and, if the services provided are of a lower value than those envisaged, he has to reimburse the resulting difference. If no alternative solution is possible, he will reimburse considering the difference between the cost of provided services and the one of provided services up to the early return.

 

Art. 12 Customer withdrawal

12.1. The Customer who withdraws from the contract before departure, apart from the cases referred to in article 10, will be charged, apart from the payment referred to in article 6, of individual filing costs, a penalty in the amount already paid, a possible insurance coverage payment already requested on ending the contract or for other rendered services;
12.2. A customer withdrawal with money refund takes place according to these terms:

– a month before departure date = TOTAL REIMBURSEMENT
– From 29 to 15 days before departure date = 50% OF TOTAL AMOUNT
– From 14 days before departure date, no refund is given
– In case of “no show” and without communication, no reimbursement is given pursuant to provisions of article 12.1.

 

Art. 13 Complaints

13.1. The Customer may dispute any failure in executing the contract by submitting a complaint, so that the Organizer, his local representative or the accompanying person can promptly solve it;
13.2. The Customer may also complain by sending a registered letter or other means with proof of receipt to the Organizer or to an intermediary, within 10 (ten) working days from the return date to departure place;
13.3. Any lack to submit complaints can be assessed according to article 1227 of the Civil Code.

 

Art. 14 Health

15.1. In order to carry out the activity referred to in this contract, it is necessary either to mark, in case of online bookings, the relative box about health conditions or to sign a self-certification in case of paper copies.

 

Art. 15 Jurisdiction

15.1 This contract is regulated by Italian law. In case of disputes related to this Service Contract, the Court of Bari will have exclusive jurisdiction.

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