Terms and condition

terms and conditions

TERMS AND CONDITIONS

These terms and conditions define the use of the Service (as stated below) provided by BIKENBIKE for the User (as stated below) that is registered to the platform and can operate either as a simple bike Tourist (a user who enjoys the excursions offered on the platform) or as a private bike Ambassador (a user who offers tours).

The user commits to not using the Service before accepting the Terms and Conditions and to read the Terms and Conditions carefully before using the Service.

 

1. Website and service operation

BIKENBIKE is an online platform that offers users the opportunity to meet with other users (professionals, associations, companies, cycling lovers) adept at organizing trips by bicycle shared through social media. BIKENBIKE is not a travel agency or a tour operator and it doesn’t carry out any travel organization activities.

Platform users are:

BIKE TOURIST
Users interested in finding trips and excursions by bicycle in Italy and abroad proposed by private (Bike Ambassador) or professional people working as tour operators, cycle tour guides, associations (Bike Ambassador PRO) and sharing the experience with friends, with the possibility of sharing feedback, photos, videos and comments.

BIKE AMBASSADOR
Users who are not professionals but simple cycle tourism lovers and who desire to share a trip or an excursion by bicycle with the BIKENBIKE community in order to travel with new friends through the publication of a trip data form on which useful information for participation is given, like: type of bicycle, duration and length of the itinerary, difficulty, eventual cost etc.
The private Bike Ambassador can decide, at their complete discretion, if to ask for a small fee for the trip/excursion as “recognition” for the idea of the shared trip/excursion.  They won’t act as tour guides, they don’t book transport or places to sleep. They can also decide to propose to the Community tours or trips for free.
In any case, the fee cannot exceed 5.000 Euros, which is by law is the maximum amount of money you can earn a year for casual work.
The Bike Tourist who decides to travel with a private Bike Ambassador is aware that there are no guarantees from the Bike Ambassador because the Bike Ambassadors are not professionals.

BIKE AMBASSADOR PRO

Users who are professionals (tour operators, cycle guides, associations) and who wish to propose via the BIKENBIKE Community trips and excursions by bike in exchange for a payment or fee, through the publication of a trip data form which provides information useful for participation as such as:  type of bicycle, duration and length of the itinerary, cost, difficulty.  

2. Service Registration

The Service is reserved for those over 18 years old and registration is for free.
To use the website fully, registration and therefore creation of personal credentials to access the platform is required; the registration information is secret, private, personal and not transferable to third parties.
Regarding registration, the User has to provide true and complete data and personal information corresponding to the real or legitimate person and keep it updated; they have to keep their User ID and password safe and forbid its use by unauthorized third parties; in any case they declare that BIKENBIKE is released from any liability that could derive from a violation of the points above.
BIKENBIKE has the discretionary right to refuse to activate or to suspend a User’s account when, at its sole discretion, it believes that the User’s behaviour has resulted in false belief, lies and/or disinformation that could affect BIKENBIKE or any third parties even unrelated to the platform.
The creation of an Ambassador Pro profile on the BIKENBIKE platform will be managed by the BIKENBIKE Team and will happen only after they receive a copy of the signed BIKENBIKE SRL contract. As soon as the profile is created, the access credentials will be emailed to the Ambassador Pro, who will be able to independently manage their classified ads.

3. Excursion Pricing

Excursion prices or fees are not decided by BIKENBIKE but are decided by the Bike Ambassador (either private or Pro). In the case of private Bike Ambassadors, the indicated price needs to be treated as a reimbursement for the idea and the organization of the excursion. In no case are the operations treated as a payment for a professional touristic service.

4. BIKENBIKE Service charge and payments

The creation by Bikenbike Team of the Bike Ambassador Pro’s profile on the BIKENBIKE platform is free of charge.
The insertion of excursions and experiences proposed and managed by the private Bike Ambassadors is free and at this point BIKENBIKE doesn’t charge the Bike Tourist and private Bike Ambassador for it.
However for the electronic transactions between Bike Ambassadors and Bike Tourists, BIKENBIKE has the right to ask for a service charge, which is 10% of the price of the excursion/trip.
In the case of a booking on the platform, Bikenbike SRL has the right to a service charge of the amount of 10% (ten per cent) for each service that is an electronic transaction between the tourist and the ambassador PRO. 
The Ambassador Pro understands that out of the 25% (twenty five per cent) paid as a deposit when confirming the booking- part of the amount (which is 10% of the total price) will be held by Bikenbike SRL as a service charge and the remaining 15% will be paid to the Ambassador PRO. 
The BIKENBIKE platform is technically structured so that the payment made in a single operation will be automatically divided like this: 40% (forty per cent, which is 10% of the entire price for the service) goes to BIKENBIKE SRL, the remaining 60% to the Ambassador Pro.
The expenses related to the transaction managed by PayPal are at the expense of the Bike Tourist.
In the case of cancellation, for any reason or cause, also not imputable to the Bike Ambassador Pro and/or the Bike Tourist, it is understood that Bikenbike will keep the 10% (ten per cent) fee paid as a service charge.
Any eventual cancellation information should be provided directly by the suppliers of the trip, who are the Bike Ambassador Pros, in the programs or in the service conditions.
It will be the parties’ responsibility (bike Tourist and Bike Ambassador PRO) to manage the cancellation without involving or duty from Bikenbike SRL.

Users declare that they are aware that:

• the expenses related to the PayPal transaction are at the expenses of the Bike Tourist

• 75% of the entire cost of the excursion/trip will be paid at a time and way decided by the Bike Ambassador

• BIKENBIKE is not part of the contract between the Bike Tourist and the Bike Ambassador but only receives the payments on behalf of the Bike Ambassador Pro;

• BIKENBIKE isn’t involved in any payments towards private Bike Ambassadors, so any eventual complaints and refunds are to be managed between the Bike Tourist and  Bike Ambassador.

 

5. Tax

The Bike Ambassador (either private or Pro) commits to fulfil all the financial obligations that concern them. The Bike Ambassador understands and accepts to be solely responsible for settling their tax declaration obligations and all taxes are included in the classified ad.

The Bike Ambassador is solely responsible for the payment to the relevant authorities of taxes received and applied.

6. Use of the services, website and application: user declarations and obligations 

The user is solely and exclusively responsible for the use of the Service and they commit to not using the Service in any way that causes any breach by third parties, that causes damage or distress to third parties, does not damage the rights of any third parties, does not violate the law or these terms of conditions; the user also assumes any consequences from these points and has the obligation to indemnify BIKENBIKE from any possible claim, from the moment the contract is signed.

If BIKENBIKE sees that a user is using the Service contrary to legislation or to the terms and conditions, or in the case of a warning from the Public Authority or any third parties, BIKENBIKE can carry out, at its complete discretion to limit any negative consequences, the suspension/cancellation of the User account, without affecting BIKENBIKE’s right to invoke the resolution in article 1456 of the civil code and demand compensation for any damage.

In using the service the User commits to not:

• collecting and spreading other peoples’ personal data;
• hiding their identity or stealing the identity of another member
• carrying out any activity related to propaganda, sponsorship,publicity or with commercially professional purposes, even indirectly.
• spread viruses or other files that can damage or limit the operation of the services or the software or hardware, also of third parties.
• spread false beliefs, lies and/or disinformationabout third parties or other Users.

7.  Content

The User who acts as an Ambassador PRO declares to fully and legitimately have all the rights related to the Content that publish (including but not limited to: copyright, image rights, brand rights and other monopoly rights, privacy rights, etc.) and declare to have all the needed authorization for its activity.

Non-profit associations must be include this information in any promotional documentation and in any eventual receipt for payment in line with the tax authorities.

The Bike Ambassador commits to not publishing any Content if that Content and/or its use:

1) is false, obscene, pornographic, libellous, includes racist, violent, offensive,  annoying information or instigates to commit crimes or it is anyway illegal;

2) breaks the rules regarding privacy or industrial secrets and confidential information;

3) breaks patents, brands, copyrights or other rights of third parties.

The user declares to release Bikenbike SRL from any responsibility for damages, losses, costs, compensations deriving from illegal and unauthorized violation of personal and business data, of any information, license, brand and what listed above. In any case and for the above facts the client has to inform the damaged subject that Bikenbike is free from any responsibility.

8. Disclaimer

If not clearly stated, BIKENBIKE’s responsibilities are limited to making the technological platform available and accepting payments from Bike Tourists for the Bike Ambassador Pro, only acting as a medium between the two parties.

In any case and for any activity and according to the contract, BIKENBIKE doesn’t act as an agent or mediator, it doesn’t have to fulfil the obligations made by users through the platform, because it only supplies the Online Service without being part of the transaction or part of the delivery of the Service itself.

BIKENBIKE doesn’t verify the truthfulness of the information given by Users for the registration or the trips/excursions. BIKENBIKE is not responsible for any damage or false beliefs, lies and/or disinformation deriving from the interaction between Users, including but not limited to the obligations coming from the payment transactions, the false beliefs, lies and/or disinformation coming from a lack of completion of the contracts or trip/excursions/services that are not described clearly or accurately.

Any reference on the platform to the fact that the User is “verified” or “connected” (or any other similar terminology) indicates only that the User has completed the relative system verification procedure for the registration. That information does not constitute an endorsement, certification or guarantee by BIKENBIKE of any user, regarding their identity or reliability, but only that all the fields required and mandatory for the registration were filled out as explained in the instructions.

In completing transactions the Users commit to always using the necessary diligence and attention in booking Experiences and in general with the interactions between Users.

BIKENBIKE explicitly excludes any responsibility in the case of the malfunctioning of the Services from:

• not authorized or incorrect use of the Services by the User;
• complete or partial failure of the computer or the User's equipment;
• problems with the telephone network or the Internet;
• in general, any event not directly caused by BIKENBIKE.

Bikenbike website and platform contains links to other websites that are not controlled by us, therefore we are not responsible for them. Publishing these links, it doesn’t mean that BIKENBIKE approve these websites or their content and it doesn’t entail any guarantee towards any of the subjects. 

9. Possible disputes from the Bike Tourist

When BIKENBIKE spots a problem in the service/trip/excursion and, in order to prevent or resolve any disagreement, BIKENBIKE decides that the Bike Tourist must be reimbursed, the Bike Ambassador accepts to pay the Bike Tourist back the same sum and/or to pay back the money to BIKENBIKE in instalments using future payments from future trips/excursions until the sum equal to the refund is reached, in this case BIKENBIKE will hold onto payments made by the Bike Tourist and not forward them on to the Bike Ambassador. In the case BIKENBIKE finds more problems, BIKENBIKE at its discretion, can take any action it believes necessary against the Bike Ambassador (amongst which, for instance, negatively influence the classifieds’ position, publish automatic reviews that inform about previous problems in the Experience, cancel future bookings, suspend or remove the classified ad/account, impose penalties or costs for the necessary procedures to solve the problems regarding the Experience).

10. Duration and termination of the relationship

The contract between the User who registers with BIKENBIKE for the use of the Service (private Tourist Ambassador) is permanent starting from the moment when the registration is approved by BIKENBIKE. The User can recede the contract cancelling their registration at any time. After the user cancels their account, BIKENBIKE is free to cancel all User Content that may be present. It is the User’s duty to keep a backup copy of their own Content.

The contract between the Bike Ambassador and BIKENBIKE lasts for one year from when the agreement is signed and is deemed automatically renewed from year to year for the same duration unless terminated, to be communicated in the time and ways indicated in the contract between the Bike Ambassador and BIKENBIKE. In the event the company changes ownership, inter vivos or morti causa, the new owner of the company will fulfil the obligations of this contract.

The paid sums are not refundable.

It is BIKENBIKE’S right to terminate the contract if it considers the continuation of the contract counterproductive.

11. Privacy and confidentiality

All data and information that is uploaded onto the online platform BIKENBIKE will be managed respecting privacy legislation in the Italian Legislative Decree 30th June 2003, n.196 and the next modifications due to internal or EU laws.

12. Solutions to disagreements, competent court.

For any dispute arising in the interpretation or execution of this contract, the parts agree to elect the courts of Rome.