Vers. 2019/03
Summary
Section A. BIKEPASS
Art. 1 Definition
Art. 2 Types
Art. 3 Payments
Art. 4 Modes of Use
Section B. SHUTTLE
Art. 5 Definition
Art. 6 Payments
Art. 7 Modes of Use
Section C. struttture accommodation Agreements
Art. 8 Conclusion of residence contracts
Art. 9 Bikepass Service Extension
Section D. Guided tours and lessons
Art. 10 Guided Hike
Art. 11 MTB Lessons
Art. 12 Payments
Section E. Rental
Art. 13 Definition
Art. 13 bis Courtesy backpack
Art. 14 Payments
Art. 14 bis Payment of damages
Art. 15 Responsibilities
Art. 15 bis Waiver
Art. 16 Rental to non-bikepass owners
Section F. Parties ‘ rights and duties
Art. 17 Right of withdrawal
Art. 18 Restitution sums
Art. 19 Behavioural norms
Art. 20 Competent jurisdiction
Art. 21 Extra-judicial dispute resolution
Art. 22 Postponement
Art. 23 Exclusions
*Note that the official terms are in Italian, in this part there is a translation made by a software that has no legal value
Section A. BIKEPASS
Art. 1 Definition
The Bikepass is the base service for customers of the Calabria Bike Resort Srl (hereinafter “CBR”), which entitles:
- Lift service, as long as the customer (the “customer”) is equipped with mountain bike and the compulsory equipment best described in the section “norme di comportamento e sicurezza” (Rules of Conduct and safety), up to the points recommended/indicated by CBR, near the beginning of the trails
- Possible recovery service for mechanical failures, not repairable independently or in groups, on the trails identified by CBR
- First mechanical assistance
- Hiking and sports assistance, also by supplying suitable electronic files for the navigation in the woods
- Possibility to book the shuttle service, as described in the special section
- Possibility to book a guide or mountain bike Master, as described in the special section
- Possibility to rent bikes and sports equipment in order to follow the paths identified and suggested by CBR, as best described in the special section
The Bikepass is personal and is not transferable.
Art. 2 Types
The following types of Bikepass can be purchased:
- Ordinario: Includes everything specified in art. 1, is valid for the days chosen by the customer, and the lift service does not include Monte Cocuzzo.
- X-Cucuzzo: Includes everything provided by the ordinary Bikepass, as well as a ascent to the nearest point to the summit of Monte Cocuzzo, in order to follow the “avalanche A” and “avalanche B” trails, also indicated on the website
- Pedalatori: Compared to the ordinary bikepass, there is only one ascent
Each of the previous types of Bikepass can be purchased in mode:
- Standard: The days chosen by the customer are not modifiable, and the service is concluded at the end of the day, as best specified in the following art. 4
- Flexi: The customer can change the chosen dates at the first booking, with notice of 48 (Forty-eight) hours from the beginning of the day chosen. The bikepass can be enjoyed within 3 (three) months of the first booking date. CBR will modify the reservation, subject to availability of seats, for the new days indicated by the customer
Art. 3 Payments
The Bikepass can only be purchased by booking it on the website www.calabriabikeresort.com with the modalities represented therein, or, if possible, by email. It is not possible to buy the Bikepass in the same day of fruition.
The Bikepass is not refundable, except as provided by the right of withdrawal, better specified in the following art. 17
Art. 4 Modes of Use
The Bikepass service, starts at 9:00 hours of the booked day, and generally finishes two hours before sunset, except for different times agreed with CBR, according to climatic and organizational conditions, and except for adverse climatic conditions.
The number of Bikepass available in a day is limited, therefore the times of use of the services may be subject to change, for organizational needs and depending on the numerosity of the bikers present on that particular day, in order To ensure the best possible experience.
The ticket is not refundable due to bad weather, however, in the event of adverse climatic conditions, CBR reserves not to make its services bookable, and/or to agree with the customers other days substitute for fruition.
Section B. SHUTTLE
Art. 5 Definition
For Shuttle, we mean a service of short transference, in order to get to the CBR.
The customers of Bikepass, can book, Fata Save the availability of CBR, short transferts from the main public transport hubs, more precisely:
- Lamezia Terme Airport
- Lamezia Terme railway station
- Paola train station
Up to the accommodation, affiliated with CBR (see section C), booked for the stay during the period of fruition of the Bikepass.
The service can also be booked for the accompanying customers, provided that:
- Customer and accompanying persons are both present on the same transference;
- Customer and escorts dwell in the same accommodation structure for the same period.
Art. 6 Payments
The shuttle service can be purchased only by booking it on the website www.calabriabikeresort.com with the modalities represented therein, or, if possible, by email. It is not possible to buy the Bikepass in the same day of fruition.
The shuttle service is not refundable, except as provided by the right of withdrawal, better specified in the following art. 17.
Art. 7 Modes of Use
CBR does not guarantee timetables for this service, but the same will be agreed from time to time according to customer and technical-organizational requirements of CBR. The beginning of the service is therefore fixed in the place, time and date agreed between customer and CBR.
The dates of use of the shuttle service must necessarily be compatible with the dates of use of the Bikepass service.
The number of seats available for the shuttle service is limited, so the service is guaranteed and can be booked only according to the best specified on the site www.calabriabikeresort.com.
During the transference, customer and accompanying persons must comply with all the norms imposing the code of the Italian road.
Luggage is allowed within the capacity limits of the means of transport used.
Section C. struttture accommodation Agreements
Art. 8 Conclusion of residence contracts
CBR is not an organizer or seller of tourist packages within the meaning of the (EU) 2015/2302 directive, as transpoed in Italy by D. Lgs. 62 of May 21, 2018.
The residence contracts will therefore be concluded with the individual accommodation facilities. Any liability on the part of CBR is excluded.
Art. 9 Bikepass Service Extension
If the customer directly book the accommodation facilities, without the help of tourist intermediaries of any kind, it may require CBR to start the ski lift service included in the Bikepass, directly from the accommodation agreement. CBR reserves the right to request directly to the accommodation agreement information in this regard, as best specified in the Privacy Policy.
Section D. Guided tours and lessons
Art. 10 Guided Hike
It defines guided excursion, the service through which one or more customers who have bought the Bikepass, can be accompanied along the paths by an expert guide.
It is possible to book a guided excursion only for the days of actual enjoyment of the bikepass.
The beginning of the service, in the absence of an agreement between the parties, is to be understood coincident with the validity of the corresponding bikepass. In No event shall such service continue beyond the term of the bikepass.
If CBR does not have its own guides, it can advise the customer to contact other local guides, with proven experience. In this case, the contract will be perfected between the parties in the terms they deem most appropriate.
Art. 11 MTB Lessons
The MTB Lessons (hereinafter “lessons”) are a service destined to the Bikepass customers, through which CBR provides qualified instructors with whom customers can improve their sports technique.
The beginning of the service, in the absence of an agreement between the parties, is to be understood coincident with the validity of the corresponding bikepass. In No event shall such service continue beyond the term of the bikepass.
If CBR does not have its own masters, it can advise the customer to contact other local teachers, with proven experience. In this case, the contract will be perfected between the parties in the terms they deem most appropriate.
Art. 12 Payments
The services referred to in art. 10 and 11 can be purchased only by booking them on the website www.calabriabikeresort.com with the modalities represented therein, or, if possible, by email.
The aforementioned services are not refundable, except as provided by the right of withdrawal, better specified in the following art. 17.
Section E. Rental
Art. 13 Definition
Customers with Bikepass can book, subject to availability, for the same days of use of the service, the rental of sports equipment, for example:
- Mountain Bike
- Helmets
- Protections
- Satellite Navigators
- Any other useful accessory for the practice of the sport of mountain biking
The rental begins upon delivery of the equipment, and in any case not before 9.00 am on the day booked, and ends by 8.00 pm on the last day booked; if the Customer decides to return the equipment to CBR for the only overnight stay, the rental is not considered terminated.
Upon delivery, the Customer undertakes to check the condition of the sports equipment together with the CBR personnel and, in particular, to verify that it is in perfect working order. It is the responsibility of the Customer to communicate to CBR personnel any discrepancies with respect to what is indicated in the delivery note and to verify it in contradiction with the staff before picking up the sports equipment.
The Customer is the custodian of the sports equipment and acknowledges that he does not have any real right to it and that he is therefore unable to dispose of it and undertakes to keep it diligently, with the utmost caution and in compliance with all the rules of law, regulations and any warnings and precautions suggested by CBR.
Art. 13 bis Courtesy backpack
Together with the rented MTB, the Customer is provided with a helmet and a backpack with emergency equipment, as shown in the delivery note, which the Customer can use in case of need, and pay only in case of actual use, according to what is reported in the table following.
The components corresponding to the damaged parts brought back by the Customer will be considered used; failure to return the latter will result in the debit of the amounts referred to in the following art. 14 bis
|
EQUIPMENT |
Price for use (eur) |
|
Derailleur cable |
5,00 |
|
2 inner tube |
7,50 each |
|
Quick Links |
50,00 (including chain damage) |
|
Wheel drilling kit |
15,00 |
|
Tubeless Valve |
9,00 |
Art. 14 Payments
The rental service can be purchased only by booking it on the website www.calabriabikeresort.com with the modalities represented therein, or, if possible, by email.
The rental service is not refundable, except as provided by the right of withdrawal, better specified in the following art. 17
Before the delivery of the rented equipment, the Customer will be asked to provide a deposit for any damage, to be provided with a suitable credit card, which will be returned to the verification of the integrity of the assets given in the rental.
Credit card data will still be stored through the service provided by Stripe Inc, and could therefore be reused if the deposit is not sufficient to pay for the damage caused to CBR. The Customer, by accepting these terms of service, unconditionally authorizes CBR to charge the amounts corresponding to the damage caused.
Payment processing services for Customers on www.calabriabikeresort.com are provided by Stripe and are subject to the terms of the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively known as the “Stripe Services Agreement”). By agreeing to these terms of service or continuing to operate as a Customer on www.calabriabikeresort.com, you agree to be bound by the Stripe Service Agreement, as the same may be modified by Stripe from time to time. As a condition of www.calabriabikeresort.com enabling payment processing services through Stripe, you agree to provide www.calabriabikeresort.com accurate and complete information, and you authorize www.calabriabikeresort.com to share it and transaction information related to your use of the payment processing services provided by Stripe.
Art. 14 bis Payment of damages
In the case of particularly significant damage, that is, such as to make it impossible to re-use the object, part of it, or the overall asset to which the object belongs, the Customer must pay the amounts indicated in the following table, quantified taking into account both the cost of repurchase of the object and the lost revenue from part of CBR due to the unavailability of the object in question as a consequence of the technical timing of processing the repurchase orders, and possibly set up of the object itself.
Payment must be made on the day the equipment was damaged. In default CBR will use the security deposit, and in case of insufficiency of the deposit it will charge the additional amount to the previously stored credit card. In this case, the rental will be interrupted and no amount will be returned to the Customer.
The following price list is also applied in the event of failure to return during the hours indicated in art. 13.
The prices indicated as “lost revenue” are to be intended as maximum prices; if CBR is able to repair the damage in less time, the Customer will be charged for the actual days of lost revenue.
In the event of multiple damages, the maximum amount that CBR may charge will not exceed Eur 3,300.00
|
EQUIPMENT (price in eur) |
Costo riacquisto |
Lost revenues |
Amount due |
|
MTB Giant Trance 2 GE 2019 |
2.399,00 |
382,00 (10 days) |
2.781,00 |
|
Fork |
900,00 |
382,00 (10 days) |
1.282,00 |
|
Drivetrain Groupset |
450,00 |
207,00 (5 days) |
657,00 |
|
Handlebars |
50,00 |
89,00 (2 days) |
139,00 |
|
Pedals |
60,00 |
89,00 (2 days) |
149,00 |
|
Waterbottle |
20,00 |
– |
20,00 |
|
Tyre |
60,00 |
– |
60,00 |
|
Wheel |
200,00 |
89,00 (2 days) |
289,00 |
|
Chain |
35,00 |
– |
35,00 |
|
Saddle + Remote dropper |
250,00 |
89,00 (2 days) |
339,00 |
|
Endura Single Track Backpack |
130,00 |
207,00 (5 days) |
337,00 |
|
Drivetrain Cable |
5,00 |
– |
5,00 |
|
Inner Tube |
7,50 |
– |
7,50 |
|
Chain Link |
50,00 |
– |
50,00 |
|
Repair Kit |
15,00 |
– |
15,00 |
|
Tubeless Valve |
10,00 |
– |
10,00 |
|
Multitool |
25,00 |
– |
25,00 |
|
Helmet |
80,00 |
207,00 (5 days) |
287,00 |
|
Goggles |
80,00 |
62,00 (5 days) |
142,00 |
|
Knee Guards |
60,00 |
62,00 (5 days) |
122,00 |
|
Back Protector |
130,00 |
207,00 (5 days) |
237,00 |
Art. 15 Responsibilities
The equipments are rented in order to be able to practise the sport of Mountain Bike, on the paths identified by CBR.
The customer assumes responsibility arising from the improper use of the aforementioned equipment.
The customer is also responsible for damage to the equipment, except in cases of normal and relevant use thereof.
CBR reserves the right to terminate the rental in advance, without the return of sums, in the event that the equipment is used improperly, or other rules are violated as per the present conditions of service.
Art. 15 bis Waiver
The Customer undertakes to communicate to CBR any change in the credit card data used for the rental service, as well as to make available on it the sums that CBR may claim as damages, as established in the previous art. 14 bis.
In the event that CBR is unable to charge the credit card used by the Customer at the time of booking the rental service for the amounts due to it depending on these terms of service, the same will be considered as contractually defaulting, and must pay CBR the penalty of eur 15.00 (in addition to any additional amounts due).
Art. 16 Rental to non-bikepass owners
CBR can also rent equipment to non-bikepass owners, but without reservation service.
This service can be granted on the same day of request and will end in the same day.
The same provisions of art are valid. 12, and the customer shall provide the appropriate security as provided for in art. 12
Section F. Parties ‘ rights and duties
Art. 17 Right of withdrawal
The customer has the right to withdraw from the contracts concluded with CBR, within 14 days of the conclusion of the contracts, unless the period of time between the conclusion of the contracts and the commencement of the provision of the service is not less than 14 days. In the second case the right of withdrawal is recognised until 24.00 a.m. on the day before the start of the service provision.
To exercise the right of withdrawal just send an informal email to recesso@calabriabikeresort.com from the email address provided in the reservation. Just ask to exercise the right of withdrawal indicating for which services is requested.
For services referred to in letters B, D and E (shuttle, guides and lessons, rental) The withdrawal may be required stand-alone. The withdrawal from the service referred to in point (A), bikepass, whichever type it is, will automatically result in the withdrawal from all the connected services.
Art. 18 Restitution sums
In the case of exercising the right of withdrawal referred to in art. 17 The sums shall be returned by the same means by which they were paid, unless otherwise agreed between the parties.
Due to the high personalization content of the services offered by CBR as well as the limited availability of the same, the sums will be returned by keeping a percentage gradually increasing, as the start date of the services , according to the following scheme:
|
Time of withdrawal, compared to the beginning of the service |
percentage refund |
|
Between 10 e 14 days |
100 % |
|
Between 5 e 9 days |
75 % |
|
Between 2 e 4 days |
65 % |
|
Within 2 days |
50 % |
Art. 19 Behavioural norms
The customer undertakes to comply with the rules of conduct and safety, which can be consulted at the following link, as well as the rules imposed by applicable Italian laws. CBR therefore reserves the right to terminate all services, even during their performance, and to oblige anyone who does not comply with these conditions to immediately descend from the means of property CBR.
Art. 20 Competent jurisdiction
In accordance with art. 66-bis Consumer code, without prejudice to article 21, the Court of jurisdiction for civil disputes, the mandatory territorial jurisdiction shall be the judge of the place of residence or domicile of the consumer, if they are located in the territory of the State. Otherwise, the jurisdiction of Paola (CS) is agreed.
Art. 21 Extra-judicial dispute resolution
The parties will have to work properly in reciprocal relations. The parties will have to find a solution to the disputes, complaints and controversies in good faith and with goodwill, through correct and reasonable direct communications and with the introduction of negotiations. The Parties undertake primarily to participate in a friendly settlement attempt which may be promoted in front of Risolvionline (www.risolvionline.com), an independent and institutional service provided by the Arbitration Chamber of the Chamber of Trade in Milan. Where this attempt proves to be unsuccessful, the application of article 20 shall apply.
Art. 22 Postponement
For everything not expressly provided for in the following conditions of service, please refer to the Consumer Code (Legislative Decree No. 206, 6 September 2005 and subsequent amendments).
Art. 23 Exclusions
The customer, who has caused damages to CBR or to the natural area where the trails are located, will be deemed undesirable person, therefore can no longer use the services of CBR.
