USER TERMS AND CONDITIONS



PREMISES


Dear User, by accepting these Terms and Conditions, you declare:


  • to be aware that the complete insertion of the data requested in the form ("Form") of purchase and its subscription in electronic mode (through the special button named "Terms & Conditions"), is equivalent to contractual acceptance of this document and the Annex;

  • to be aware that the purchase of the Package (as defined below) will become effective only upon receipt of the purchase communication sent by Cyclando via e-mail;

  • having read and accepted, without reservation for himself and for the subjects for whom he is requesting a booking, all the provisions and clauses set out in this document, which are set out in full below and form an integral part of the Package purchased:

  • having read, understood and accepted the terms and conditions on the processing of personal data;

  • having read, understood and expressly accepted, pursuant to and for the purposes of Art. 1341 of the Italian Civil Code, the following provisions of the Terms and Conditions: "OPERATION OF THE SERVICE"; "WARRANTIES"; "UNAUTHORIZED USE"; "LIMITATIONS OF LIABILITY"; "MODIFICATIONS TO THESE TERMS"; "EXPRESS TERMINATION OF THE CONTRACT"; "TERMINATION OF THE CONTRACT"; "NULLITY"; "APPLICABLE LAW AND COURT OF JURISDICTION"; "GENERAL CLAUSE";

  • having read, understood and expressly accepted the provisions set forth in Legislative Decree no. 79 of 23 May 2011 (the "Tourism Code"), articles 32 - 51 nonies, as amended, as well as by the European Union Directive 2015/2032 on tourist packages and related services, as implemented by Legislative Decree no. 62/2018, which has intervened with amendments to the Tourism Code.


DEFINITIONS


For the purposes of these Terms and Conditions and the Annexes, the definitions in this Article shall apply.


Annexes: these are the documents with legal value that can be consulted on the Site, including but not limited to: the privacy policy and the cookie policy.



Business Terms and Conditions: is the document governing the general terms and conditions between Cyclando and each of the Companies reselling the Packages on the Platform.


Commission: corresponds to the amount retained by Cyclando for the provision of the Service, already included in the Sale Price.

Company(ies): is the legal entity, tour operator and/or accommodation facility, which uses the Platform to send its Packages to Cyclando, with the purpose of selling those Packages to Users through the Platform.


Conditions of Sale: indicates the further general terms and conditions of sale of the Packages pursuant to Legislative Decree no. 79 of 23 May 2011 (the "Tourism Code"), which form an integral part of these Terms and Conditions and are available for consultation at the link General terms and conditions for travel packages to which reference should be made for all matters not expressly regulated by this document.

Customer(s) and/or User(s): is the natural person who intends to purchase Packages on the Platform.


Cyclando: is the company Cyclando S.r.l. with headquarters in Modena, via Placido Rizzotto n. 90, CAP 41126 - Modena (MO), e-mail [email protected], PEC [email protected]. Cyclando, depending on the type of Package sold, may be configured as an "organiser" or as a "seller" and will therefore be subject to the relative regulations

Element(s): each component of the cycling trip that collectively form a Package.

Information Sheet: is the document that the Company sends to Cyclando containing all the descriptive details of the Elements for the definition and structuring of the Package, in order to publish it on the Site.


Package: the complete commercial offer of the cycling trip that the Customer can view and/or purchase on the Site, as defined in Article 34 of the Tourism Code.


Purchase: is the data entry process that the Customer must perform to purchase a Package. This process is analytically described in the "Operation of the Service" section of this document.


Sale Price: is the amount that the Customer must pay as consideration to the Company for the purchase of a Package on the Platform.


Service: is the service offered by Cyclando, through the platform of the same name, enabling customers to buy Packages and companies to sell them.


Site: is the following domain www.cyclando.com owned by Cyclando S.r.l.


Software and/or Platform: is the software platform conceived, designed, created and marketed by Cyclando, accessible via the Site and aimed at the online sale of Packages offered by Companies and purchasable by Customers.


User Terms and Conditions: this document governs the general terms and conditions between Cyclando and each User.


OBJECT


These Terms and Conditions, together with the Annexes, govern the contractual relationship between Cyclando (owner and operator of the Service) and each User. 

The acceptance of the Terms and Conditions and the Annexes by the User is a prerequisite for the use of the Service. 

The User declares to have carefully read these Terms and Conditions and the Annexes before using the Service and purchasing a Package. 

The User, without having to physically sign any paper form, can sign these Terms and Conditions and the Annexes, after having completed entering the required data in the electronic Form available on the Site and finally selecting the "Terms & Conditions" button. The selection of the aforementioned button shall be understood as a subscription to all effects of the Terms and Conditions and the Annexes, as well as the regulations of the Civil Code and the Tourism Code contained therein.

Through the use of the Service, the User accepts the sending by Cyclando of information via e-mail and/or SMS to facilitate the use of the Service.


FUNCTIONING OF THE SERVICE


DESCRIPTION OF THE SERVICE


Cyclando, through the Platform, offers Users a tool that allows them to purchase Packages offered by Companies and Cyclando. The Service allows Users to:


  • check the destinations and dates available with reference to the trips on the Site;

  • submit contact requests to Cyclando to receive more information about cycle tours on the Platform;

  • configure your package by selecting the dates and elements of your choice;

  • conclude the purchase of a Package.


Access to the site


Each User, in order to be able to use the Service, must access the Internet site www.cyclando.com.


Use of the Service


    • Purchase


Purchase is only possible through the Site. 

During the Purchase, when filling in the Form, the User may be asked for all or some of the following data:


- first name and surname;

- address;

- e-mail address;

- telephone number.


The User, when making a Purchase, accepts that he/she must necessarily enter the required data in the Form in order to complete the Purchase process. 

The User, to complete the Purchase process, must wait for the positive outcome of the verification phase carried out by Cyclando.

If no formal irregularities are found at the end of the Purchase procedure, Cyclando will send the User a written communication by e-mail confirming the completion of the Purchase of the Package (the "Confirmation Communication"). 

The User is obliged to promptly inform Cyclando of any change of personal information, communicated during the Purchase, that occurs during the validity of the contractual relationship. 

If the User encounters problems during the Purchase, or in any case during the use of the Service, he must send a written communication by e-mail to the following address [email protected]with the subject "Purchase Package".

The data entered during Registration will be processed in accordance with Cyclando's privacy policy, which can be consulted in the "Privacy Policy" section of the Website, available in full at the following link. If the User complains about irregularities in the management of his personal data communicated during the Purchase, or simply wants to ask for their cancellation, he can contact Cyclando at the following e-mail address [email protected], indicating as subject "CANCELLATION OF PERSONAL DATA".


    • Rules of Conduct 


The User is solely responsible for the veracity of the data entered during the Purchase.

The Service and all rights thereto are and shall remain the property of Cyclando, which, by adhering to these Terms and Conditions and the Annexes, does not intend to transfer to the User any rights over the Service, the Platform or in relation thereto except as expressly provided for in the aforementioned contractual documents. 

The User undertakes to:


  • notify Cyclando of any problems related to the booking of Packages or the erogation of the same;

  • use the means provided by Cyclando and/or the Companies with due diligence;

  • return the said vehicles at the time and place agreed with Cyclando and/or the Companies;

  • comply with the economic and/or organisational commitments agreed with Cyclando and/or the Companies;

  • Before departure, check that the general information on health obligations and the documentation required for possible expatriation is up-to-date. In the case of foreign citizens, they will find the corresponding information through their diplomatic representations present in Italy and/or the respective official government information channels. In any case, in case of failure to check, no responsibility for the non-departure of one or more Clients can be attributed to Cyclando and/or the Companies;

  • assess the socio-political, health and/or other security situation of the destination countries and, therefore, the objective usability of the services purchased or to be purchased;

  • inform Cyclando and/or the Companies of any special needs or conditions (e.g. pregnancy, food intolerances, disabilities) and to explicitly specify the request for relevant customised services;

  • use the Software in accordance with the conditions set out herein and to apply all necessary security measures in order to prevent the disclosure of the entered data to unauthorised third parties;

  • not to reproduce, extract, reconstruct, reuse any element of the Software, in any way, in any form and on any medium;

  • provide true and accurate information about their personal data, also undertaking not to defame, slander or cause reputational damage to Cyclando and the Service offered by it;

  • use the Software and Services in compliance with current legislation, with particular regard to Legislative Decree no. 206 of 2005 so-called 'Consumer Code', especially in relation to the prohibition of misleading, unfair or aggressive commercial practices, and the privacy provisions set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data, as well as the legislation on intellectual property, image rights and e-commerce;

  • indemnify and hold the Cyclando harmless against any disputes, actions or claims by the Companies, third parties or a public authority, which are based on conduct or an act, commission or omission, which the User has engaged in in violation of the provisions of these User Terms and Conditions or of the legal provisions in force;

  • be liable for any damage to Cyclando and the Companies caused by non-compliance with the obligations and rules set forth in this paragraph and these Terms and Conditions;

  • indemnify and hold Cyclando harmless from any dispute, action or claim arising out of any conduct or act, whether committed or omitted, that the Company has engaged in in violation of the provisions of the Business Terms and Conditions or the applicable legislative provisions.


Functioning of the Service


Cyclando shall render its Service with organisation of means and management at its own risk, in a workmanlike manner, in compliance with the quality standards and technical characteristics suggested by normal business practice for activities such as the Service itself. Cyclando undertakes to carry out any necessary, opportune, useful or functional activity, according to the principles of fairness and good contractual faith, for the preparation, organisation and management of the Service in favour of the Users in cooperation with the Companies for the Packages sold by them.


    • Package Price


Through the Service offered by the Cyclando, the User has the possibility to view, customise and purchase the Packages sold by the Companies and by Cyclando on the Platform.

In this regard, the User can view the offer provided by the Package and the individual elements that are included and excluded in the Sale Price, in order to proceed with the purchase of the Package.

A preview of the Sales Price ("Quote") is calculated and can be viewed by the User on the basis of the dates he or she selects for use of the Package, the number of participants indicated, and the type of bicycles he or she intends to use for the cycling trip.

It is understood that the Quote may vary, even significantly, depending on the customisations and/or supplements requested by the Customer.

Pursuant to Article 39 of the Tourist Code, the Sales Price may be modified - upwards or downwards - up to 20 days prior to departure and only as a consequence of variations in 

- transport costs, depending on fuel or other sources of energy

- fees and taxes on certain types of tourist services included in the Package and taxes imposed by third parties not directly involved in the execution of the Package, such as taxes, landing, disembarkation or embarkation fees at ports and airports; 

- exchange rates applied to the Package in question. 

In any event, the Sales Price may not be increased in the 20 days preceding departure and the revision may not exceed 8% of the original Sales Price. 

The parties acknowledge that, included in the Sale Price, by way of example but not limited to, are the cost of any insurance policies against the risks of cancellation and/or medical expenses or other services requested, airport and/or port charges and taxes, administrative expenses of the Cyclando and/or Company.


    • Purchase of the package


Once the Package has been selected, personalised and the Quote has been viewed, the User can click on the "Order now" button to purchase the Package.

The order to purchase the Package is made by confirming the same and is subject to payment of the Sales Price, taxes and fees indicated in the Quote. 

The conclusion of the online Purchase process constitutes the signing of the purchase proposal pursuant to the Conditions of Sale.

The conclusion of the contract occurs when Cyclando sends the Confirmation Notice to the email address provided by the User.

In any case, the sale of Packages on Cyclando is also subject to the Terms and Conditions of Sale, which are available for consultation at the following link, and which the User is also obliged to read and accept.


    • Payment methods


The User acknowledges that the Sale Price is paid to Cyclando through the payment methods available on the Site. 

Cyclando makes use of third party providers for payment processing (such as, but not limited to, Stripe) and does not in any way come into contact with payment details provided. The User indemnifies Cyclando for any problems relating to the payment services of the payment portal "Stripe" and for any payment defect due to incorrect entry of payment data.

A deposit of 25% of the total amount is required from the User at the time of booking. The balance is required 30 days prior to the departure date or at the same time as the booking if made within 30 days prior to the departure date. 

It is understood that failure to pay the above-mentioned sums, by the established dates, constitutes an express termination clause pursuant to Article 1456 of the Italian Civil Code such as to determine, on the part of the Company, the legal termination of the contract.


    • Auxiliaries


For the performance of any activities necessary, useful or functional for the preparation, management and provision and delivery of the Service, Cyclando make use of the work of the Companies, as well as of its own associates, partners, third parties, employees or collaborators of its own trust. Likewise, the Companies may use the third parties mentioned above to perform their activities. It is understood that, in any case, Cyclando cannot in any way be held responsible for the work of its auxiliaries. Every economic and legal relationship will take place directly, and exclusively, between the Customer and each auxiliary. Therefore, Cyclando assumes no responsibility for the work of its auxiliaries and the auxiliaries used by the Companies.


    • Self-certification of health status


Each participant must be in a state of psychophysical fitness that enables him/her to carry out and complete the itinerary of the chosen holiday. Persons suffering from serious illnesses, physical or mental disorders, or illnesses requiring special treatment, must obligatorily notify the seller or the organiser at the time of booking, who, in the event of incompatibility with the level of difficulty of the holiday, may refuse to register for the trip.


MODIFICATION, CANCELLATION OF THE PACKAGE AND WITHDRAWAL


    • Package Modification

Cyclando and/or the Company reserve the right to unilaterally change the conditions of the Package, other than the Sale Price, if the change is minor. In this case, the Customer will be notified in writing by email. Prior to departure Cyclando and/or the Company that needs to significantly modify one or more of the Elements of the Package, or is unable to satisfy the specific requests pursuant to Art. 36, paragraph 5, letter a) of the Tourist Code, or proposes to increase the Sale Price by more than 8%, shall immediately notify the Customer in writing by email, indicating the type of modification and the resulting variation in the Sale Price. 

The Customer, within the term of 2 working days from the sending of the notice of change by Cyclando and/or the Company, may accept the change or withdraw from the Package without having to pay any withdrawal fee and request the refund of the sums already paid, which refund shall be made without undue delay and in any case within 14 days from the withdrawal from the Package. 

In the absence of express notice within the aforementioned period, the proposal made by Cyclando and/or the Company shall be deemed accepted.


    • Package Cancellation

Cyclando and/or the Company may withdraw from the contract for the Package purchased by the Customer and offer a full refund of payments already made by the Customer for the Package, but without having to pay any additional compensation in cases where: 

  • the number of persons enrolled in the Package is less than the minimum stipulated in the contract and the organiser (Cyclando and/or the Company) communicates the cancellation of the contract to the Client within the period set out in the contract, if any, and in any case no later than 20 days before the start of the Package in the case of trips lasting more than 6 days, 7 days before the start of the Package in the case of trips lasting between 2 and 6 days, 48 hours before the start of the Package in the case of trips lasting less than 2 days;

  • the organiser (Cyclando and/or the Company) is unable to perform the contract due to unavoidable and extraordinary circumstances and notifies the traveller of the withdrawal from the contract without undue delay before the start of the Package. 



    • Withdrawal from Package

In the event of unavoidable and extraordinary circumstances occurring at the place of destination or in its immediate vicinity and having a substantial impact on the performance of the Package or the carriage of passengers to the destination, the Customer has the right to withdraw from the contract before the start of the Package, without paying withdrawal fees, and to a full refund of the payments made for the Package, but does not have the right to additional compensation. Any unforeseen inability to use the Package on the part of the User does not legitimise withdrawal without penalty, the User being able to insure himself against the economic risk associated with this case of withdrawal from the contract by taking out an appropriate insurance policy. Apart from the hypotheses explicitly indicated in this paragraph, the Client shall have the right to withdraw from the contract at any time prior to the commencement of the trip, without prejudice to the obligation to pay the withdrawal costs/penalties as indicated in these Terms and Conditions, regardless of the payment of the down payment referred to in the preceding paragraph "Payment methods".

    • Withdrawal for Contract concluded at a Distance

Pursuant to Article 41(7) of the Tourism Code, which regulates contracts concluded at a distance or off-premises, the Customer has the right to withdraw from the Package contract within a period of 5 days from the date of conclusion of the contract or from the date on which he/she receives the contractual conditions and preliminary information if later, without penalty and without giving any reason. In the case of bookings in the 20 days prior to departure, the right of withdrawal referred to in this paragraph shall only apply if the Customer has not benefited from an offer that is significantly less than the current offer. Furthermore, without prejudice to the exclusion of the application of penalties, in the case of the exercise of the right of withdrawal - where applicable - with respect to remote bookings in the 20 days prior to departure, the Client may be required to pay the organiser (Cyclando and/or the Company, as the case may be) any sums already paid by the latter with respect to the Package

    • Withdrawal Penalties

In the event of withdrawal from the travel contract, the Customer is still required to pay the processing fee of €30 per person. 

Calculation of days

This is done by counting all working days (always excluding Saturdays and public holidays). The day of cancellation is excluded and the day of departure is included. Unless otherwise indicated on the trip page and travel contract, tour cancellation penalties apply under the following conditions:


Pursuant to Article 41(2) of the Tourist Code, the following cancellation penalties are agreed upon for bicycle tours: 

● 20% on the Sales Price: up to 30 days before the start of the journey;

● 25% of the Sale Price: from 29 to 21 days before the start of the journey;

● 50% of the Sale Price: 20 to 14 days before the start of the journey;

● 80% of the Sale Price: 13 to 6 days before the start of the journey;

● 100% of the Sale Price: within 6 days before the start of travel. 


 Withdrawal for bike and boat tours: 

● 20% on the Sales Price: up to 90 days before the start of the journey;

● 40% of the Sale Price: from 89 to 60 days before the start of the journey;

● 60% of the Sale Price: from 59 to 30 days before the start of the journey; 

● 85% of the Sale Price: from 29 to 7 days before the start of the journey;

● 100% of the Sales Price: within 6 days before the start of travel.


The same sums must also be paid if the Client is unable to make the trip due to the lack or irregularity of the required personal travel documents. In the event that the Client fails to arrive at the booked facility/place, or decides to interrupt the trip or stay already undertaken, no reimbursement may be granted. 

The validity of the travel cancellation notice is subject to the adoption of the written form. 

In the case of packages with flight or train travel included: if the flight/train ticket has already been issued, the penalty shall be calculated on the amount of the holiday minus the cost of the ticket, which shall be charged in full.


AMENDMENTS


    • Reservation modifications 


For any and all requests for changes to the booking already accepted by the Client, € 30 per person will be due to cover operating expenses. Decreases in the number of persons and requests for change of departure made within 30 days of the same are considered as cancellation and therefore subject to the cancellation fees set out in these Terms and Conditions. Changes requested by the Client, when the booking has already been accepted, do not oblige Cyclando and/or the Company, as the case may be, where they cannot be met.


    • Modifications after Departure


In the event Cyclando and/or the Company, as the case may be, are unable to provide one or more elements of the Package for any reason other than the Client's own fault after departure, Cyclando and/or the Company shall arrange alternative solutions, without any extra charge to the Client, or reimburse the Client to the extent of the difference between the services originally provided in the Package purchased by the Client and those he was actually able to use. 

If an alternative solution is not possible, or if a solution arranged by Cyclando and/or the Company, as the case may be, is refused by the Customer for proven and justified reasons, Cyclando and/or the Company will be obliged to provide, without price surcharges, a means of transport equivalent to the original one planned for the return to the place of departure or to the different place that may have been agreed upon, subject to the availability of means and places, and will reimburse him to the extent of the difference between the cost of the services planned and the cost of the services carried out up to the time of the early return. 


    • Modifications of Elements


For reasons beyond Cyclando's control, scheduled excursions and visits may be cancelled or their order may be changed. Where possible they will be replaced with other visits. The entrance fees described in the individual programmes are indicative and subject to change. Visits indicated as 'guided' are conducted with the support of a local guide. For example: ongoing religious services, change of tour times/days, high tourist flow, force majeure.  .  


REPLACEMENTS


The renouncing Customer may be replaced by another person under the following conditions: 


    • Cyclando and/or the Company are informed of this in writing at least 7 days prior to the date fixed for departure and at the same time are informed of the details of the substitute; 

    • The substitute meets all the conditions for use of the Service and, in particular, the requirements relating to passport, visas, health certificates;

    • the same or other replacement services can be provided as a result of the replacement 

    • Cyclando and/or the Company(ies) are reimbursed all additional expenses incurred in making the replacement, to the extent that they will be quantified to the assigning Customer prior to the assignment. The assigning Customer and the assignee are jointly and severally liable for the payment of the balance of the price as well as the amounts referred to in the preceding paragraph. 


GUARANTEES 


Security And Software Warranty 


Cyclando, in order to guarantee the correct functioning of the Service and, in particular, the security of the data uploaded and stored on its Software, uses anti-intrusion security protocols and data encryption systems. 

If the User encounters problems with the functioning of the Software, he/she must send an e-mail to [email protected] containing the details to qualify the problem. 

Cyclando reserves the right to proceed to the resolution of the problem presented by the User, directly or through third parties designated for this purpose.

Throughout the duration of the contractual relationship, Cyclando guarantees the User the necessary assistance on the Software and the operation of each of the services contained therein.

It is understood that Cyclando cannot in any way be held responsible for any damage caused directly or indirectly to Customers and/or Companies if such damage is a consequence of fraud or fault on the part of the Company and/or the Customer.


software warranty limitations


It is understood that the warranty, except in cases of fraud on the part of Cyclando, does not specifically cover any replacements for damage and/or malfunction due to or arising directly or indirectly from:


  • fortuitous events or force majeure (such as, but not limited to: floods, structural collapses, natural events, pandemics, epidemics; which may result in an inability to deliver the Packages);

  • use of the Platform in a manner that does not comply with or in any case differs from the requirements, warnings and recommendations set out in this document and on the Site;

  • improper use of the Platform (by way of example but not limited to: use of the Platform for purposes of unfair competition, damaging the image/reputation of others);

  • wilful misconduct, negligence, inexperience, carelessness in disclosure by the User;

  • temporary interruption of Platform operation for maintenance/upgrading.

The User, on behalf of himself and his assignees, collaborators, customers and/or users, releases Cyclando from any liability for "consequential damage" or "loss of profit", such as loss or loss of earnings, resulting from the unavailability or stoppage for the time necessary to solve the problem.

NON-PERMITTED USE

Users are not allowed to:

  • Reverse engineer, disassemble, modify the Software, create derivative works on the code of the Software or any portion thereof;

  • circumvent the computer systems used by Cyclando and/or its licensors to protect the content of the Software;

  • copying, storing, modifying, changing, or altering in any way the contents of the Software and the contents of the Packages (unless expressly agreed in advance)

  • use any robot, spider, site search/retrieval application, or any other automated device, process or means to access or retrieve technical specifications on the Software;

  • reselling, renting, licensing or sublicensing the Platform without Cyclando's prior consent or unless expressly waived;

  • disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content via the Platform;

  • publishing and advertising the Platform or other product having similar specifications to those provided by Cyclando, under a different name and/or claiming ownership in any form whatsoever;

  • providing other companies or third parties with false or defamatory information about Cyclando and its Platform;

  • use the Cyclando Service in any other improper manner that violates these User Terms and Conditions and the content of any additional documents on the Site;

  • violate any law in force in the aforementioned matters.

If the actions of the Company violate, in form and substance, the above prescriptions, or, while respecting them, create economic, reputational or legal risks for Cyclando, the same reserves the right to immediately interrupt the provision of the Service to the User. In this case Cyclando will send the User an e-mail notification with information on the reasons and modalities for the interruption of the Service.

INTELLECTUAL PROPERTY AND COPYRIGHT


The Customer acknowledges that Cyclando is the sole owner of the intellectual property rights related to the Platform (including trademark rights, copyrights on texts and graphical interfaces and in general all materials and processes used in the conduct of Cyclando's business) and that these rights are protected by the relevant applicable laws (including industrial property, copyright and competition laws).

By these User Terms and Conditions, Cyclando merely grants the Customer a temporary licence to the Services, within the limits provided for herein and in the Annexes. Nothing in the User Terms and Conditions shall be construed as transferring permanently to the Customer, in whole or in part, any proprietary rights included in the Service or any other rights of Cyclando.

It is therefore understood that any use that does not comply with the provisions hereof, or any use after the expiration, termination, or otherwise termination of the contractual relationship, shall constitute a violation of the Cyclando's rights.

All trademarks, whether figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, possibly registered in the name of Cyclando and inherent to the Platform, are and remain the exclusive property of Cyclando or its licensors, in accordance with the provisions of current national and international legislation on intellectual property. 


RELEASE OF IMAGE RIGHTS 


With reference to the Packages sold directly by Cyclando - therefore, by accepting the Conditions of Sale - the User assigns free of charge to Cyclando the right to use, disseminate, reproduce, process, modify, publish, communicate to the public, transmit - on any and all analogical, electronic, computer and/or digital media (including, by way of example, broadcasting systems via air, cable, satellite, web, also on social network pages such as, by way of example: Facebook®, Instagram®, YouTube®) - your own portrait and image contained in the videos and images that may be taken on the occasion of the purchased cycling trip (hereinafter, the "Images"). The User also: (i) assigns all rights of any kind and nature whatsoever existing over the Images necessary for the exploitation for commercial, promotional and advertising purposes of the Images; (ii) expressly declares that he/she is fully satisfied with and has no claim whatsoever for any reason or title (for example, of an economic nature) from Cyclando, its assignees and/or assignees and/or in general from anyone who uses and exploits the Images; (iii) guarantees to Cyclando the peaceful enjoyment of all rights assigned under this article and indemnifies Cyclando and/or its assignees as of now from any possible action and/or claim of third parties in relation to the Images and their exploitation, assuming all related liability. In any case, Cyclando will not use the Images in contexts or in ways that prejudice the honour, reputation and decorum of the user portrayed and/or filmed.


LIMITATIONS OF LIABILITY AND SUPERVENING IMPOSSIBILITY.


Cyclando, within the limits of the applicable legislation, is liable for damages of a contractual and extra-contractual nature caused to the Customer or third parties, exclusively when these are the immediate and direct consequence of wilful misconduct or gross negligence.

The User expressly exempts and relieves Cyclando from any liability, to the extent permitted by applicable law, in relation to any damages or claims, its own, of Customers and/or third parties, of any kind and nature, including direct or indirect incidental damages, on persons or things, damages deriving from loss of profits, reputational damages, loss of data, replacement costs, resulting from the Customer's failure to comply with or violation of these User Terms and Conditions.

In the event Cyclando is unable to render the Service due to a supervening impossibility, it shall immediately notify the Users in writing by e-mail stating whether it is a total or partial impossibility. 

In the latter case, at the request of the Customer, Cyclando shall continue to perform that part of the Service that can still be performed.


AMENDMENTS TO THESE TERMS


Cyclando reserves the right to modify the provisions, of this document and the Annexes, at any time and for the reasons it deems appropriate. 

Any changes will be communicated to the User by e-mail and/or by publication on the Platform. 

The changes will be applied from the first day of the first month following the month in which Cyclando will have announced them to the User in writing, unless legal regulations or administrative measures impose or result in an earlier or later application date. 

In case of disagreement, the User may withdraw without charge from this document and the Service, by communication by e-mail or by PEC to the addresses [email protected] [email protected]which must reach Cyclando no later than 15 (fifteen) calendar days from the date of receipt of the communication of modification of the conditions. 

In this case, the withdrawal will become effective at midnight of the day preceding the day on which the modifications would otherwise have been applied.

The User, who decides to continue using or having used the Service, following the modification(s), of one or more parts of the aforementioned documents, made by Cyclando, will automatically accept the new User Terms and Conditions.


EXPRESS TERMINATION OF THE CONTRACT


Cyclando shall have the right to terminate the contractual relationship pursuant to Article 1456 of the Civil Code upon the occurrence of the following events qualifying as serious breach:


a) use of false credentials, forged documents or documents that cannot be traced back to the User;

b) serious violation of the rules of conduct and conditions of use of the Service that may result in damage to Cylando or other Companies;

c) if the User, despite a written warning, does not cease a serious breach of these User Terms and Conditions or if the User does not immediately remedy the consequences already occurring in connection with such breaches;

d) in the event of improper use by the User of any advantages arising from special conventions or agreements in place between Cyclando and third parties;

e) non-payment of fees due.

Termination will be automatic and will be effected by written communication addressed to the contact details provided during Registration by the User. This is without prejudice to Cyclando's right of action for further damages.  


CESSION OF THE CONTRACT


Cyclando reserves the right to transfer, assign, dispose of by novation or subcontract all or any of its rights or obligations under these User Terms and Conditions, provided that the User's rights hereunder shall not be affected.

The User may not assign or transfer his/her rights or obligations under these User Terms and Conditions in any way without the written permission of Cyclando. 


COMMUNICATION


Any communication regarding the Service offered by Cyclando should be sent using the following contact information: 

Email [email protected];

Address: via Placido Rizzotto n. 90, 41126, Modena (MO);

VAT: 03880320365


NULLITY


Should any provision of these User Terms and Conditions be deemed null and void, voidable or, more generally, ineffective, this shall not affect the nullity, voidability or ineffectiveness of the remaining provisions contained herein, which shall continue in full force and effect.

The provision of these User Terms and Conditions that may be declared invalid shall be amended in good faith so as to conform to the renewed requirements of validity or balanced criteria of lawfulness and, once amended, shall be deemed valid from the outset.


APPLICABLE LAW AND JURISDICTION

All disputes concerning the execution, compliance, interpretation and validity of these User Terms and Conditions are subject to Italian law.

Cyclando and the User undertake to make a prior attempt at conciliation, by means of a communication to be sent to their mutual addresses, containing the details of the matter in dispute. If within 60 (sixty) days from the aforementioned request, the attempt at conciliation is unsuccessful, the aforementioned parties undertake to devolve the dispute, within the limits of the applicable legislation, to the jurisdiction of the Italian courts, with exclusive jurisdiction identified in the Court of Modena.


GENERAL CLAUSE


Use of the Service and/or purchase of a Package constitutes full acceptance of these User Terms and Conditions.

By accepting these User Terms and Conditions, the User declares that he/she has read and understood them. He/she also declares that he/she will abide by the stipulations regarding the limits of use.




SUPPORT – CUSTOMER CARE


If the User encounters any problems in using the Platform or wishes to exercise any of the guarantees attached to it, he/she must send Cyclando a communication containing the details of the matter to the following addresses E-mail: [email protected]



Cyclando srl

Tour operator with Europe Assistance RC Insurance 4249713 - Registered with the Guarantee Fund with Policy No. 40321512000746 by TUA ASSICURAZIONI. All rights reserved.

VAT ID: 03880320365

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