CaMi-Bike Terms of Service - Rental and Participation Conditions - Privacy Policy
I. Terms of Service and Conditions of Use
1. Terms
By accessing the web sites www.camibike.com, you are agreeing to be bound by these web site Terms and Conditions of Service and Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you may not use or access this site. The materials contained in this web site are protected by applicable copyright and trade mark law. If you book a cycling holiday, book a rental bike or a mountain bike tour with CaMi-Bike/Roxybike SL, you agree to our Participation and Rental Conditions below.
2. Use License
a. Permission is granted to temporarily download one copy of the materials (information) on CaMi-Bike’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. remove any copyright or other proprietary notations from the materials; or
iv. transfer the materials to another person or "mirror" the materials on any other server or site.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by CaMi-Bike at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
3. Disclaimer
a. The materials on CaMi-Bike’s web site are provided "as is". CaMi-Bike makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, CaMi-Bike does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall CaMi-Bike or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on CaMi-Bike’s web site, even if CaMi-Bike or a CaMi-Bike authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. CaMi-Bike TOS, Rental and Participation Conditions
5. Revisions and Errata
The materials appearing on CaMi-Bike's web site could include technical, typographical, or photographic errors. Roxybike does not warrant that any of the materials on its web site are accurate, complete, or current. CaMi-Bike may make changes to the materials contained on its web site at any time without notice. CaMi-Bike does not, however, make any commitment to update the materials.
6. Links
CaMi-Bike has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by CaMi-Bike of the site. Use of any such linked web site is at the user's own risk.
7. Site Terms of Use Modifications
CaMi-Bike may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to CaMi-Bike’s web site shall be governed by the Spanish law (Mallorca) without regard to its conflict of law provisions.
II. Participation Conditions
1. By booking a tour with CaMi-Bike, you agree to be healthy, fit and trained to participate in a technically demanding mountain bike tour of the elected level and have sufficient bike experience to ride the technical terrain described in our tour details. You agree to either bring suitable clothing, gear and materials (full-suspension bike, helmet, bike shoes) or to reserve and rent these materials from us.
2. The guide has the right to disqualify you (the participator) from the tour, either at the beginning or during the tour, if he/she believes you do not meet the participation conditions. Should this occur, the price of the tour shall not be refunded.
3. The wearing of a suitable helmet is obligatory during the entire tour. The wearing of gloves is recommended.
4. Generally, every participator bikes at his/her own risk and acknowledges the risks of off-road biking, including the risk of serious injury and even death. CaMi-Bike assumes no responsibility for any injuries or the result of these occurring on the way to, during or after our tours. Each participator is responsible for procuring a suitable liability and health insurance, which includes the usage of a mountain bike.
5. The participator agrees to Spanish traffic regulations in Mallorca and is responsible to bike according to these. CaMi-Bike TOS, Rental and Participation Conditions
6. CaMi-Bike assumes no responsibility for minors and the participation of under-age persons is only allowed if accompanied by an adult. All guided tours are only for riders of age 16 or older.
7. You are not allowed to listen to music (earphones etc.) during the tour.
8. Biking freehand is prohibited.
9. CaMi-Bike’s guides will take photos of the group and its bikers during our tours. By taking part in our tours you agree that these photos may be published on our website or in other marketing material.
10. It is prohibited to consume alcohol during our tours and alcoholised bikers will be disqualified from the tour.
11. You agree to keep a safety distance to the biker/car/vehicle/person in front of you.
12. You agree to bike according to your skills and bike responsibly and to not overestimate yourself.
13. By participating in one or more of our tours, demands for damages arising from injuries or death during our tours shall be precluded. You have no right to claim damages or losses. You are fully aware of the dangers of mountain biking.
14. Recorded GPS-Data of CaMi-Bike’s guided tours (Strava, Komoot, Runtastic etc.) may not be puplished to public. It is prohibited to pass them to third paries.
15. If you should damage the rental bike or its parts during the tour, you shall assume all financial liability to repair or replace parts or the entire bike, as stated in the rental conditions.
16. You agree to inform the guide if you have any serious illnesses or prior injuries which might be relevant to the tour if an emergency occurs.
III. Travel Conditions
1. The travel contract between you and CaMi-Bike becomes binding, as soon as CaMi-Bike receives your booking. You may book personally, via telephone, internet, our contact form, or by sending us an email. As of this moment, all rights and responsibilities (also regarding payment and cancellation policy) are binding for you and all fellow travellers named in the booking. CaMi-Bike’s TOS, Rental, Travel and Participation Conditions apply to all travellers mentioned in the booking.
2. Your registration to one or several of our tours or booking of a bike states your interest in placing a confirmed reservation. It is now CaMi-Bike’s decision to accept or decline this offer. The booking becomes binding upon all parties, as soon as you receive the booking confirmation via email, phone call or the booking voucher at the shop.
3. Upon receiving the booking confirmation sent, told or given to you by CaMi-Bike, you are bound to pay the amount stated. CaMi-Bike TOS, Rental and Participation Conditions apply.
4. Payment conditions are listed exactly in the booking confirmation sent to you via email by CamiBike.
5. Minimum number of participants: The tour(s) you booked will only take place, if the min. number of participants of 3 persons has been reached (exceptions in low season). If this number is not reached, we have the right to cancel the travel contract up until the same day of the tour, without offering a substitute program or tour. In this case, you will receive the full refund of previously paid instalments. Upon fulfilment of this payment all claims shall be deemed settled.
6. Cancellation and Cancellation Fees: You may at all times change or cancel your booking (rental bike/tour/coaching, etc) at CaMi-Bike. The cost of such changes or cancellations is:
From the moment of booking until the 30th day prior to travel begin or tour date: 20% of total tour/coaching or rental price.
29th until 22nd day prior to travel begin or tour date: 25% of total tour or rental price.
21st until 15th day prior to travel begin or tour date: 35 % of total tour or rental price.
14th until 8th day prior to travel begin or tour date: 50% of total tour or rental price.
7th until 2nd day prior to travel begin or tour date: 80% of total tour or rental price.
In case of cancellation later than the 2nd day prior to travel begin/tour date/rental date, no-show or termination of your tour/rental previous to the booked departure date (e.g. because of illness, bad weather etc.), the full amount of the travel price (100%) shall be due and payable.
IV. Bike Rental Conditions
THE BIKES ARE NOT INSURED OUTSIDE OF THE BIKE STATION. The tenant may, however, leave the bike in our shop over night, if he/she returns it within the opening hours. The tenant is responsible for procuring a suitable liability and health insurance which includes the usage of the rented mountain bike.
· Upon signing of this contract, the tenant must present a valid document of identification and pay a cash deposit of 50€ for a hardtail/ €100 per full-suspension bike or €200 for an E-Bike plus the full rental fee.
· The rental price and deposit are to be paid in advance. If the tenant wishes to end the rental period prior to the booked date, due to illness, bad weather etc., the paid amount shall not be reimbursed. Our reduced long-term rental prices only apply, if the bike is rented for a continuous period.
· If left unattended, the bike must ALWAYS be secured with a lock. Overnight, the bike must be kept in a locked room and secured with a lock.
· In case of loss or theft, loss, or serious damage of the bike, the tenant is liable to pay the value of the bike: e.g. Merida One-Twenty models: €2599, Merida Big Nine Hardtail €1199, Merida eOne-Forty E-Bike €4999, eBig Nine €3699, plus a standard fee of 2 rental weeks to replace the loss of rental income. These prices are exemplary and the list may not be complete.
· In case of loss or damage of the equipment provided by CAMI-Bike, the tenant is fully liable: e.g. Saddlebag €15, Inner tube €5, Lock €20, Tire Levers each €3, Pump €10, Helmet €35, Repair Kit €3, Backpack €25 - €50, Allen key €9, Computer E-Bike €180, SQlab saddle €99-199. The tenant must report all damages voluntarily to CAMI-Bike, latest at the time of bike return.
· The daily rental price covers the period from 9 am until 6 pm, at the latest, depending on seasonal opening hours. We do not offer half-day or hourly rates.
· The bike is rented to the tenant in a fully functional condition, and is to be returned in the same state. The tenant commits to treating the bike with due caution, agrees to keep it away from sea-water and sand, to prevent unnecessary skidding and not to exceed the max. permissible rider weight of 105 kg (Hardtails, Full-Suspension Bikes) or 117kg (E-Hardtails, E-Full-Suspension Bikes). The bike is NOT to be ridden by third parties! It is strictly prohibited to clean the bike with a high pressure cleaner.
· The tenant is liable to pay damages to the bike and its parts occurring during the rental period. The value is determined by an employee of CAMI-Bike and equals to the amount to replace the exact piece/bike damaged. The price of the piece/bike equals to the amount CAMI-Bike pays at their distributors (+ TAX + work). It is to be paid immediately.
· If the bike is damaged during the rental period, the tenant has no right to immediate replacement. CAMI-Bike does not pay for repairs performed by others during the rental period, unless previously agreed upon in written form. There is no pick-up service.
· If an employee of CAMI-Bike sees reason that one or more of the above listed terms may not be fulfilled by the tenant, or if the bike has been seriously damaged or left unattended prior to the end of the rental period, CAMI-Bike may end the rental contract prior to the pre-arranged end date. In this case, the remaining rental fee + deposit will be returned, if the damage does not exceed the amount. Upon fulfilment of this reimbursement, all claims of the tenant shall be deemed settled.
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy:
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfilment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Data protection information
We hereby inform you in accordance with Article 13, 14 GDPR (General Data Protection Regulation), about what data we collect and process from you, in the context of email communication and for what purpose.
When contacting us by email, the user’s personal data that is transmitted, along with the email, will be stored. If this includes information about communication channels (e.g. email address, telephone number), you also agree that we may contact you via this communication channel in order to respond to your request. This data will not be disclosed to third parties.
The data is used exclusively for processing the conversation. The legal basis for processing the data transmitted in the course of sending an email is Aricl. 6 paragraph 1 p.1 lit. f) GDPR. If you send us an email with the intention of entering into a contract with us, this creates an additional legal basis for its processing per Article 6 paragraph 1p. 1 lit. b) GDPR. The data from your email inquiries will of course only be used for the purpose for which you made them available to us when contacting us.
The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected. For the personal data that was sent by email, this is the case when the respective conversation with the user has been completed. The conversation will have ended when it is evident from the circumstances that the matter at hand has been conclusively resolved. If the email contact is aimed at the execution of a contract, the data will be deleted after expiry of the statutory (commercial or tax) storage periods required for this.
You have the right to request information from us at any time about your personal data being stored by us (Article 15 DS-GMO). This also affects the recipient or category of recipients to whom this data is shared and the purpose of the storage. In addition, you have the right to request corrections under the conditions of Article 16 DS-GMO and/or, under the conditions of Article 17 DS-GMO, the cancellation and/or, under the conditions of Article 18 DS-GMO, the restriction of processing. Furthermore, you can request data transmission at any time under the conditions of Article 20 DS-GMO.
In the case of processing of personal data to safeguard legitimate interests (Article 6 paragraph 1 p. 1 lit. f DS-GMO), you may object to the processing of your personal data at any time with effect for the future. In the event of an objection, we shall refrain from any further processing of your data for the aforementioned purposes, unless there are compelling, legitimate reasons for processing which outweigh your interests, rights and freedoms, or the processing is necessary to assert, exercise or defend legal claims.
All information requests, inquiries, revocations or objections to data processing should be addressed by email or fax/mail to the person responsible, André Koch, CAMIBIKE, Calle Binicanella 15, Local 2, 07560 Cala Millor, info@camibike.com
For further information, please refer to the full text of the DS-GMO. Furthermore, you have the possibility of complaining to the responsible supervisory authority about data protection issues. The authority responsible for us is the Spanish Data Protection Authority.