Terms and conditions (Hire of Bicycles and Management of Events)
GENERAL CONDITIONS OF CONTRACTING And/Or RESERVATION (HIRE OF BICYCLES And SALE OF PRODUCTS CYCLISTS)
This contractual document will govern the contracting of services through the website https://benjoyland.com/, titularity of BENJOYCLUB S.L, from now on BENJOYCLUB S.L.
The acceptance of this document comports that the USER:
• It has read, it understands and comprise the here exposed.
• It is a person with sufficient capacity to hire.
• It assumes all the here willing obligations.
These conditions will have a period of indefinite validity and will be applicable to all the contractings made through the website of BENJOYCLUB S.L.
The BENJOYCLUB S.L. It informs that the company is responsible and knows the valid legislation of the countries to which offers the services and reserves the right to modify unilaterally the conditions, without that this can affect to the sakes or promotions that were purchased previously to the modification.
1) IDENTITY OF THE PARTS
On the one hand, the provider of the sakes or services hired by the USER is BENJOYCLUB S.L, with social domicile in C/Street María of the Angels of the Gándara 45 Polygon of the Tambre. Santiago de Compostela. A Coruña, NIF B70584131.
And of another, the USER, registered in the website by means of a name of user and password or another analogous mechanism that demand in this web page for his register, on which has full responsibility of use and custody, and is responsible of the veracity of the personal data facilitated to BENJOYCLUB S.L.
2) OBJECT OF THE AGREEMENT
The present agreement has by object regulate the contractual relation of compraventa and/or provision of services been born among the BENJOYCLUB S.L. And the USER in the moment in that this accepts during the process of contracting on line the corresponding box.
The contractual relation of compraventa and/or provision of services, comports the delivery, in return of a determinate price and publicly exposed through the website, of a service or concrete product.
3) GENERAL CLAUSES OF CONTRACTING And/Or RESERVATION
Except particular stipulation by writing, the realisation of a request to the BENJOYCLUB S.L. It will suppose the acceptance by the USER of these legal conditions. Any stipulation done by the USER will be able to differ of the ones of the BENJOYCLUB S.L. If it has not been on purpose accepted in advance and by writing by BENJOYCLUB S.L.
4) PROCEDURE OF CONTRACTING And/Or RESERVATION
The USER will select a name of user and a password, engaging to do a diligent use of the same and to not to put them to disposal of third, as well as to communicate to the BENJOYCLUB S.L. The loss or theft of these or of the possible access by a third unauthorised, so that this proceed to the immediate blockade.
Likewise, the reservation of the hire of the bicycles will make like minimum of 10 days before the date of start of the hire except for hires in Santiago de Compostela or A Coruña that it will be of a minimum of 2 days. It will pay of whole form, to the hour to make the reservation.
BENJOYCLUB S.L. It will not send any comprobante of request until it have checked that it has made the payment.
Requests (applications of purchase)
In a maximum of 24 hours, in business days, will send an email confirming the state of the request and the date of sending.
5) SENDINGS OF REQUESTS (only applicable in compraventa of products)
In case of the compraventa of products cyclists through this web page, the sendings of commodities will do usually by means of service of mail or logistical, according to the fate designated freely by the USER. The dates or terms of delivery will understand approximated, not constituting the delay incumplimiento essential.
In case that BENJOYCLUB S.L. It had not made the delivery of the commodity passed 30 days from the date of delivery pactada, the client will remain legitimated to cancel the request and receive the return of the total amount paid without any cost, and without that thus it derive any responsibility by harms and imputable damages to the BENJOYCLUB S.L. The term of delivery is used to to be comprised among 2 and 5 business days, according to the population of fate and the form of payment chosen. It understands this term whenever it have confirmed the availability of the commodity and checked the complete payment of the request.
6) RIGHT OF DESISTIMIENTO.
To) Compraventa of products cyclists
The USER has of a term of fourteen natural days, counted from the date of reception of the product, for the return of this (article 71 of the Law 3/2014 of 27 March), only in the case of the purchase of products.
The right of desistimiento will not be able to apply in products that by reasons of hygiene or other legally planned exceptions, for example, in the case of the helmets, are not susceptible of this right.
B) Hire of bicycles
The right of desistimiento will not be able to apply to the provision of services, once that the service have been entirely executed, when the execution have begun, with previous consent express of the consumer and user and with the recognition by his part that it is conscious that, once that the agreement have been entirely executed by the employer, will have lost his right of desistimiento. Therefore, it does not fit desistimiento in the case of the hire of bicycles.
7) CANCELLATIONS OF RESERVATIONS (Only applicable to the hire of bicycles)
In the case of the hire of bicycles contemplates the following political of cancellations:
• Cancellations of reservation 21 days before the start of the hire, return of 100% of the initial transaction.
• Of the day 20 to the 15 before the start of the hire, give 50% of the initial transaction.
• From the day 14 before the start of the hire until the start of the hire, does not give any quantity.
• By each day of delay (according to date hired) in the return of the bicycle, will charge 20 euros by the same form of payment, that the initial reservation.
• The return that was not in a point of collected hired will have a cost of 35 euros.
8) RETURNS IN THE HIRE (Only applicable to the hire of bicycles)
Returns: Recargos in the delivery of the bicycle, after the hire of the bicycle.
• Loss or steal bicycle (if it does not hand photo of the bike with the padlock put correctly, before the theft) 650 euros.
• Loss, break or theft saddlebags: 75 euros.
• Loss, break stock exchange handlebar 15euros
• Loss or break kits: 15 euros
• Loss or break or theft closed: 15 euros
• Loss or break founds gel: 8 euros
• Loss, break or steal leading light, rear: 15 euros
• Loss, break or steal velocimeter: 15 euros
• Loss, break or theft carrier: 20 euros
• Loss, break or steal childish chair: 30 euros.
9) REPARATIONS (Only applicable to the hire of bicycles)
The maintenance of the bicycle is responsibility of the user. As well as the minimum care of the same.
In case of a wrong use or an unsuitable maintenance, the user will run with the costs of reparation or the substitution of materials.
*We recommend to clean the bicycle daily with water, later a correct dried and finally, a greased.
BENJOYCLUB S.L. It does charge of mechanical failures, that are not derived of a wrong maintenance or of the use of the bicycle, by the user.
BENJOYCLUB S.L. It will not do manager of the cost of reparation of the failures, by use of the bicycle or wrong maintenance, but yes will help to look for a solution in this regard.
For this remit them to the telephone: +34 919 03 82 78.
Once they put in contact with us, will call to the nearest workshop to know the amount and the time that needs the reparation.
We recommend him that they demand in the moment of the payment in any workshop, the official bill.
10) PRICE And BILL
The prices that indicate concerning each service and/or product include the Tax on the Value Added (VAT) or other taxes that could be applicable. These prices, unless it indicate on purpose the contrary, do not include the costs of sending, manipulation, wrapping, sure of sendings or any one other additional services and annexes to the service purchased.
The applicable prices to each service are the published in the website and will express in the coin EURO (€). The USER assumes that the economic assessment of some of the services will be able to vary in real time.
Before making the purchase will be able to check on line all the details of the estimate: services, quantities, price, availability, costs, charges, discounts, taxes and the total of the purchase. The prices can change daily while it do not make the request.
The price of the hire is the total price, including the transport of the bicycle, to the point origin indicated in the reservation. It is not included the helmet of security by motives of hygiene, by what only will be available for his sale.
All payment made to the BENJOYCLUB S.L. It comports the emission of a bill to name of the USER registered or of the social reason that this have informed in the moment to make the request. This bill will be sent together with the service purchased to the proportionate email address by the USER.
For any information on the request, the USER will be able to contact through the telephone of attention to the client of the BENJOYCLUB S.L. Indicated in the section “contact” of this web page.
11) COSTS OF SENDING And TRANSPORT
To) Compraventa of products cyclists
The costs of sending of the products desglosan in the realisation of the requests by the user.
B) Hire of bicycles
The costs of transport of the bicycle rented until the place of fate are included in the price of the service.
12) FORMS OF PAYMENT
BENJOYCLUB S.L. It make the following forms to effect the payment of a request:
• Paypal, or
• Charge card or debit.
13) APPLICABLE GUARANTEES (only applicable in compraventa of products)
The products commercialised through the website have a period of guarantee of two years, according to the criteria and conditions described in the Legislative Royal decree 1/2007, of 16 November, by which approves the text refundido of the General Law for the Defence of the consumers and users and other complementary laws.
14) PROHIBITION OF CESÍON OF THE AGREEMENT
The USER will not be able to yield, transfer or transmit the rights, responsibilities and obligations hired in the sale.
If some stipulation of these conditions was considered invalid or of impossible fulfillment, the validity, legality and fulfillment of the rest will not see affected by no means, neither will suffer modification in no way.
The USER declares to have read, know and accept the present General Conditions in all his extension.
15) GENERALITIES OF THE OFFER
All the sales and deliveries effected by the BENJOYCLUB S.L. They will understand subjected to the present General Conditions.
Any modification, alteration or contrary pact to the Commercial Proposal of BENJOYCLUB S.L. Or here stipulated will have effect, except pact express by writing signed by the BENJOYCLUB S.L., in this case, these particular pacts will prevail.
Given the continuous technical advances and improvements of the services, the BENJOYCLUB S.L. It reserves the faculty to modify his specifications concerning the information facilitated in his advertising, until it do not affect the value of the services offered. These modifications will have likewise validity in case that, by any cause, saw affected the possibility of supply of the services offered.
16) LEGAL WARNING
We remember to our USERS that the use of helmet of security in vehicles like the bicycles is compulsory in Spain.
17) APPLICABLE LAW And JURISDICTION
These conditions will govern or will interpret according to the Spanish legislation in that that was not on purpose established. The BENJOYCLUB S.L. And the USER agree to subject any controversy that could arouse of the provision of the services object of these Conditions of the courts and courts of the domicile of the USER.
In case that the USER have his domicile out of Spain, the BENJOYCLUB S.L. And the USER renounce on purpose to any another forum, subjecting to the Courts and Courts of Santiago de Compostela (Spain), except correspond another forum by reason of the condition of consumer of the USER.
GENERAL CONDITIONS OF USE And CONTRACTING (Management of Events)
1) Object and generalities
The present General Conditions of Use (from now on, "CGU") regulate the use of the website BENJOYCLUB S.L. (From now on the “Website")
This platform web allows to his users reserve events, of the following form: the user will choose the dates in which it wishes to take part in events grupales of adventures or leisure (“Leakage Rooms”, “Paintball”, “Yellow Humour”, “Farewells”, “Inflatable” and analogous events or conexos), likewise, the platform allows him assign the maximum quantity that has for the realisation of the event. With this information, BENJOYCLUB will make a work of research of said event with the parameters signalled in return of the commission specified when making the operation the user. Likewise, once located the event, BENJOYCLUB will proceed to the reservation of said event in the web page of a third with the funds that the user has deposited through this web page. If they do not exist events with the distinguished characteristics by the user, BENJOYCLUB S.L. It will give the quantity contributed by the user minorada in the corresponding commission to BENJOYCLUB S.L.
BENJOYCLUB S.L. It does not loan any of the services conexos, neither sells any of the products announced through our relative web page to events. Only it favours the intermediation of users that wish to hire the realisation of an event, with the corresponding provider. Therefore, BENJOYCLUB S.L. It acts in quality of “prestador of services of the society of the information”.
Anyway, the access to the Website by any user of Internet involves the acceptance and fulfillment of the present General Conditions of Use and of any another particular condition of the product or service offered by what, prior to the access and/or utilisation of said contents, the user will have to read attentively the CGU.
This website funds with the percentage of the contributions signalled in each reservation, what allow us maintain our open portal.
2) Account of user
To access to the services offered by the present Website, the user will have to give of tall like user of our website. The user will receive a password and a name of user, once finalised the process of register. The user will be the only responsible of the maintenance of the confidentiality of the name of user and of the password, as well as of all the activities developed previous identification through said name of user and password.
The Website does not have possibility to check neither accredit the identity of the people that access and use the Website and will not be responsible if his name of user and/or password are used by any person. Likewise, if the user detected the unauthorised use of his name of user and/or his password, will have to put this circumstance in knowledge of the Website, after what this will be able to carry the deactivation of the referred account of user.
3) Contributions of the users
The user will be able to make an or several contributions through the runway of payment. These contributions will have a maximum limit of 3000 euros by contribution.
When it makes a contribution, the user authorises to BENJOYCLUB S.L. To use the money contributed for the reservation of the event grupal described in the web page.
4) Realisation of the payment of the contribution
The website make to the participant, the realisation of the payment of the quantity that wishes to contribute, through any one of the following means of payment:
- Payment by Charge card: Visa or MasterCard.
- Payment by Card of Debit: Visa or MasterCard.
5) Half to amend errors
If the participant detected any error to the hour to register or during the realisation of the payment, will be able to put in contact with BENJOYCLUB S.L. Through our contact firstname.lastname@example.org to proceed to the amendment of the error committed, whenever it was possible.
6) Use of the place by minors of age
The access to the Website and the use of the Services offered is not foreseen that it was made by minors of 16 years. When accessing to the Website, you self-evident that it has to have, at least, 18 years. The Website reserves the right to block, cancel and/or delete the access to the Website and/or the use of the Services in case to have knowledge that the user was minor of 18 years.
7) Acceptance of the instructions for use
Accepting said conditions, the user engages to:
- Not using the Website with illegal ends or ends that can cause harms to third and, in particular, to distribute harmful or illegal information, or wrong information, discriminatory or offensive to the Website or third.
- Not interrupting the access to the Website, modify said platform web neither use it to transmit computer viruses, attacks of hackers, etc., or commit susceptible faults to be described like computer crimes.
- No suplantar the identity of any person or entity.
- No infringir any patent, mark, commercial secret, right of author, rights of database or other intellectual property rights of any person or entity.
In the case of incumplimiento of these general conditions of use, the Website reserves the right to forbid and block immediately the access to this web page.
In case of not accepting the present General Conditions of Use, the user will have to abstain to access and/or use the Website, having to abandon it immediately.
It remains forbidden the contracting of the services offered through the website to those people that:
- They are not legally qualified to celebrate an agreement vinculante with the Website.
- Have forbidden or legally excluded the reception or utilisation of the services, in virtue of the legislation of his country of residence or from which accesses or uses the services.
The user accepts that the Website will be able to send him notifications, including the relative to the changes of the General Conditions of Use, by means of email, ordinary post or publishing said modifications in the Website.
BENJOYCLUB S.L. It will be able to make changes in the present General Conditions of Use anytime. When they enter these changes, the Website will publish a new copy of said Conditions. It recommends to the users consult the quoted Conditions every time that they access to the website, because of the changes that can produce in them. Anytime, the user will be able to save the present General Conditions of Use and advises to the user do it.
8) Creation and management of the contribution of the user
When it creates the contribution for the event, ask to the user the following data:
- The type event to the that goes to allocate the contribution.
- The dates of celebration of the event (maximum of two temporary forks).
- The quantity of money that wishes contribute, with a maximum of €3.000
- Number of people to which affects, and in his case, the corresponding identities, if they were required.
- Once reserved the corresponding event, will remit him to the user an email indicating the following information:
- Document of realisation of the reservation of the event.
- The justificantes of payment of the reservation of the corresponding event.
9) Identity of the users
By motives of security, BENJOYCLUB S.L. It reserves the right to request to the user anytime, a photocopy of his national document of identity, so as to ensure his identity, that will be requested through the email for notifications indicated by the user in his register in the web page.
In the case that the user deny to facilitate us the copy of his DNI, if necessary for the reservation of the corresponding event, will proceed to cancel or block his account in the website, and will proceed to reembolsarle his contribution, except the corresponding commission to the site.
10) Information to the users.
Once that it make the contribution, in a maximum of 48 hours (in business days) the user will be informed by email of the advances of the reservation, as well as of the realisation of this, in his case.
11) Right of desistimiento
It does not fit right to the desistimiento by the contributions made by the user through this web page, as the specified in the article 103 Legislative Royal decree 1/2007, of 16 November, by which approves the text refundido of the General Law for the Defence of the Consumers and Users and other complementary laws (LGDCU), that indicates that:
“The right of desistimiento will not be applicable to the agreements that refer to:
To) The provision of services, once that the service have been entirely executed, when the execution have begun, with previous consent express of the consumer and user and with the recognition by his part that it is conscious that, once that the agreement have been entirely executed by the employer, will have lost his right of desistimiento.”
Likewise, BENJOYCLUB S.L., like titling of the website, has like object the provision of a service, that is the one to facilitate the technical and organisational means, through which reserve events. Therefore, once that the user has done his contribution, through our website, the main part of the service that offer already has been loaned.
It will understand that the agreement among the users and BENJOYLUB S.L., it will have perfected once that it have finalised the process of contribution made by the user, and understands that it already has been executed, at least in a very important part, once that BENJOYCLUB S.L. It receives sure enough the quantity contributed, therefore, does not fit right of desistimiento regarding the commission of BENJOYCLUB S.L., that corresponds to a percentage (%) of the contribution made by the user.
12) applicable Law and jurisdiction
These Terms and Conditions have been published with the observance of the applicable legislation. The parts subject for the resolution of the conflicts and with renunciation to any another fuero, to the courts and courts of Santiago de Compostela, with exception of the rights that the law awards them to those that hire like consumers and users