This contractual document shall govern the General Conditions for the contracting of services (hereinafter, “Conditions”) through the website, owned by YVES AGUILAR DUCHEMIN (DINAMO BIKE TOURS) under the trademark of, hereinafter, PROVIDER, whose contact information is also included in the Legal Notice of this Website.
These Conditions shall remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.
Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER:
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER’s website.
By participating in our tours, the USER affirms to have read, understood and accepted these terms and conditions. It is your responsibility to ask any questions before joining the tour.
The PROVIDER informs that the business is liable and understands the current laws and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions implemented prior to the modification.
On the one hand, the PROVIDER of the services contracted by the USER is YVES AGUILAR DUCHEMIN (DINAMO BIKE TOURS), with registered office at C/ HERMANOS DEL MORAL, 46, PISO 3. 28019 MADRID, NIF 51427132Y and with customer/USER service telephone number: 625 795 526.
And on the other hand, the USER, registered on the website over which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
The purpose of this contract is to regulate the contractual purchase and sale relationship between the PROVIDER and the USER at the moment the USER accepts the corresponding checkbox during the online contracting process.
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify it to the e-mail address: [email protected], so that YVES AGUILAR DUCHEMIN (DINAMO BIKE TOURS) may correct them as soon as possible.
The USER may keep his/her data updated by accessing his/her user account.
The USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018, of 5 December (LOPDGDD), on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
Once the user account has been created, it is reported that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
The PROVIDER will not activate any service until it has been verified that payment has been made.
As the order does not involve the physical delivery of any product, but rather a service downloaded or activated directly from the website, the PROVIDER will inform the USER in advance on the steps to take to perform this download or activation.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it were a provision of a service, to exercise the right of withdrawal, regulated in article 102 of the Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007.
If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise shall end twelve months after the date of expiration of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.
The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007, and which are listed here.
Any refund, if applicable, must be communicated to the PROVIDER, by e-mail, indicating the corresponding invoice or order number.
Any claim that the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
Postal: YVES AGUILAR DUCHEMIN (DINAMO BIKE TOURS), Calle Hermanos del Moral 46, Piso 3º1. 28019 Madrid – Spain
Telephone: +34 625 795 526
E-mail: [email protected]
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online access platform for the resolution of conflicts between the USER and the PROVIDER, without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.
All sales made by the PROVIDER shall be understood to be subject to these Terms and Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of YVES AGUILAR DUCHEMIN (DINAMO BIKE TOURS) or to the provisions herein shall be effective, unless expressly agreed in writing signed by the PROVIDER, in which case these particular agreements shall prevail.
Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications shall also be valid in the event that, for any reason, the possibility of supplying the services offered is affected.
Any payment made to the PROVIDER entails, if required by the USER, the issuance of an invoice in the name of the same registered or the company name that the USER has informed at the time of placing the order.
For any information regarding the order, the USER may contact the PROVIDER’s customer service telephone number or via e-mail.
There are no shipping costs.
The PROVIDER is responsible for the economic transactions and accepts the following payment methods for orders:
Credit card: VISA, MC, AMEX, etc.
Payment Authorization: By making a reservation and providing credit card information for the reservation, you affirm that you are the owner of the credit card used for the transaction. You undertake this transaction in your full capacity and accept full responsibility for any charges incurred.
Security measures: The website uses generally accepted information security techniques within the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the USER agrees that the PROVIDER will obtain data for the purpose of the corresponding access control authentication.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited by the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.
Orders (booking confirmation): Your booking is officially confirmed once you receive a confirmation email or communication from the service provider, along with a corresponding payment confirmation. It is crucial that participants verify the accuracy of the contact information they provide to ensure timely receipt of both confirmations.
Please note that a booking is not considered confirmed until both the communication and payment confirmation are received, and it is the participant’s responsibility to promptly address any discrepancies in the contact details provided or payment information.
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate USER’s access to its services, in whole or in part, for any valid reason, including, without limitation, where USER fails to comply with or follow any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of practice or usage policy.
When exercising any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
The guarantees will respond to the provisions of the Title referred to “Guarantees and after-sales services” of the Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, which can be accessed by clicking here.
Participants must confirm their eligibility and accurately assess their cycling abilities prior to joining the ride. Any relevant health conditions affecting participation must be reported. Failure to comply with the requirements may result in inability to participate, with costs to be borne by participants. By continuing with the booking, participants accept these conditions, releasing the service provider from liability for non-compliance.
These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. Any controversy that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.
This tour is designed specifically for people who are able to ride a bicycle with confidence and understand and follow the guide’s instructions.
Participants must possess the necessary skills and physical ability to safely navigate and control a bicycle.
No refunds will be given to USERS who are deemed unable to ride a bicycle for safety reasons, both for themselves and other USERS on the tour. It is imperative that all participants prioritize their safety and the safety of others by adhering to the guidelines and instructions provided by the guides.
Determination of a participant’s ability to ride a bicycle confidently and safely will be at the discretion of the tour guides. Participants should be aware that their eligibility to participate in the tour may be evaluated, and refunds will not be provided in cases where it is found that a participant cannot meet the required skill level.
Participants are required to listen carefully and follow the instructions provided by the tour guides. Failure to adhere to these instructions may result in the participant being deemed ineligible for the tour, and no refunds will be issued in such cases.
