LEGAL NOTICE AND PRIVACY POLICY

Effective Date: October 31, 2022

Last Updated: October 31, 2022

LEGAL NOTICE

Introduction

This document aims to establish the terms of use for the website WWW.HOLARENTABIKE.COM as well as the conditions for purchasing products and services through it by users.

Please carefully read the following TERMS AND CONDITIONS and the PRIVACY POLICY before using this website. If desired, you may print these conditions. By using this website or making a RESERVATION through it, the user accepts our TERMS AND CONDITIONS as well as our PRIVACY POLICY. Therefore, if you do not agree, you should not use the website.

Legal Notice:

In compliance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), the identifying data of the company are detailed below:

Company Name / Trade Name: HOLA! RENT A BIKE

Legal Entity: Giambattista Olivieri

Tax Identification Number (NIF): Y8867490S

Address: Calle Sueca 52 Bajo Izquierdo, Valencia – Spain, 46006

Phone: +34 615074311

Email: lopd@holarentabike.com

Website Name: www.holarentabike.com

Use of the Site

By using this website and placing orders through it, the user agrees to the following:

– Use the website solely for the purpose of consulting, obtaining information, and reserving tours and/or bicycles.
– Not to place any fraudulent or false orders. If a reasonable suspicion arises that an order is fraudulent, HOLA! RENT A BIKE is authorized to cancel it and inform the relevant authorities.
– Have the legal capacity to enter into contracts (the user declares to be over 18 years old).
– Provide contact information truthfully and accurately in order to make the reservation.

Protection of Personal Data

HOLA! RENT A BIKE informs users of this website about its policy regarding the processing and protection of personal data that may be collected through navigation or service contracting via the privacy policy. You can access the privacy policy from the website at any time.

Purchase Conditions

Service Availability

Users have the option to make reservations for the service offered through the website for tours and/or bicycles.

Language

The contract will be formalized in the Spanish language.

Product Availability

Reservations are subject to weather conditions, events that may occur or take place in the city beyond the company’s control, and/or not having reached a minimum of 8 participants. HOLA! RENT A BIKE will inform the customer of such circumstances, either by email or phone, and will exchange the reservation for another date or provide a full refund of the amount paid.

Product Prices

All applicable taxes are included in the service rate, which will be added to the total amount. HOLA! RENT A BIKE reserves the right to modify prices at any time.

Placing an Order

The next step will be to process the reservation and make the payment. To do this, you must follow the steps requested on the website and follow the purchasing instructions displayed. Only the necessary data for the purchase and subsequent ticket delivery will be requested. Before finalizing the purchase, you must EXPRESSLY ACCEPT these conditions as well as the privacy policy.

The data recorded by the website constitutes evidence of the transactions carried out. The customer will receive confirmation of the reservation along with the ticket delivery via email.

During the process, before making the payment, you may modify your reservation details. The order is not formalized until the process is completed, which will occur upon payment. Clicking “Pay” implies that you are acquiring and paying for the selected items, and this step constitutes a binding commitment.

Cancellation Right of Order

HOLA! RENT A BIKE reserves the right to reject an order from a customer with whom there is a dispute.

Likewise, HOLA! RENT A BIKE has the right to reject or cancel a reservation for justified reasons, which may include but are not limited to the following:

– Error in billing information (incorrect or impossible to verify)
– Suspicion of fraud with the bank card
– Inability to deliver to the provided address
– Reasons to suspect that the user is not an end consumer
– User being under 18 years old
– Non-completion of full payment.

Payment Method

You can use bank cards or Redsys as a payment method.

Through payment by card, if there is an issue during the process (for example, if the terminal reports the card’s denial), the order will be automatically canceled. The payment system by bank card is processed through Redsys’ payment gateway.

The reservation will be sent to the address you provide once the total amount of the order has been confirmed. If the amount is not paid in full, HOLA! RENT A BIKE reserves the right not to send the reservation until the full payment is made by the customer.

Order Cancellation

To cancel an order, it must be done at least 24 hours before the scheduled time for the activity (local time of the activity) by email addressed to BOOKING@HOLARENTABIKE.COM, attaching the reservation. Additionally, the client must include in the email: name, email address, phone number, reservation number, reason for cancellation, and explicitly request a change of date or a refund.

Refund

In the event that the cancellation applies and the customer expressly requests a refund, HOLA! RENT A BIKE will reimburse the total amount within a period of 15 days.

Responsibilities

The access and use of this website are the responsibility of the users. HOLA! RENT A BIKE does not guarantee:

– Infallibility, availability, continuity, absence of security deficiencies of the website.
– That the content of the page or the information passing through it is free from viruses or other harmful elements, as well as errors, omissions, or inaccuracies.
– Any damages or harms that may result from interferences, omissions, interruptions, computer viruses, breakdowns, or disconnections in the operational functioning of the website.
– Delays or blocks in the use of this page caused by deficiencies or overloads in the data processing center, nor the damages that may be caused by third parties through illegitimate intrusions that are beyond HOLA! RENT A BIKE’s control.

HOLA! RENT A BIKE is exempt from responsibility for any damage or harm that the user may suffer as a result of errors, defects, or omissions in the information provided, provided that it comes from external sources.

Mere access to the website does not establish any kind of commercial relationship between HOLA! RENT A BIKE and the user.

HOLA! RENT A BIKE only supplies products for domestic and private use. The customer agrees not to use the product for commercial, advertising, or resale purposes. HOLA! RENT A BIKE holds no responsibility for any loss of profits, business interruption, or loss of business opportunities incurred by the customer.

Use of Bicycles

The user declares to possess the physical and mental abilities to operate a bicycle. Carrying passengers and riding under the influence of drugs and/or alcohol is strictly prohibited.

The user acknowledges and agrees to abide by traffic laws and regulations, being responsible for any damage caused (to themselves or third parties) as a result of any accidents during bicycle use. HOLA! RENT A BIKE does not accept any liability for such claims.

Transfer of Rights and Obligations

The contract is binding for both the customer and HOLA! RENT A BIKE, as well as our respective successors, assignees, and heirs. The customer may not transfer, assign, burden, or otherwise transfer a contract or any rights or obligations derived from it without obtaining prior written consent from HOLA! RENT A BIKE. We may transfer, assign, burden, subcontract, or otherwise transfer a contract or any rights or obligations derived from it at any time during its validity. To avoid any doubt, such transfers, assignments, burdens, or other transfers will not affect the rights that, where applicable, you, as a consumer, have recognized by law, nor shall they nullify, reduce, or otherwise limit any guarantees, whether express or implied, that we may have granted.

Website Information and Contents

The information displayed on the website is current as of the date of the last update. HOLA! RENT A BIKE reserves the right to update/modify/delete information from this website at any time and without prior notice.

In the event that the website contains links to other websites and materials from third parties, such links are provided solely for informational purposes, without HOLA! RENT A BIKE having any control over the content of such websites or materials. Therefore, we accept no responsibility for any damage or loss arising from their use.

HOLA! RENT A BIKE reserves the right to modify the Terms and Conditions. The introduced modifications will not have retroactive effects. If you do not agree with the introduced modifications, we recommend refraining from using our website.

Viruses, Hacking, and Other Cyber Attacks

The user must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs, or any other technologically harmful or damaging programs or material into it. The user shall not attempt to gain unauthorized access to this website, the server where this page is hosted, or any server, computer, or database related to our website. The user agrees not to attack this website. Failure to comply with this clause could result in the commission of offenses as defined by applicable regulations. We will report any breaches of said regulations to the authorities.

Intellectual Property and Copyright

The user acknowledges and consents that all copyrights, trademarks, and other industrial and intellectual property rights over the materials or content provided as part of the website belong at all times to HOLA! RENT A BIKE. The user may only use such material in the manner expressly authorized.

Applicable Law and Jurisdiction

The use of this website and the contracts for the purchase of products and services through it shall be governed by Spanish law. Any dispute arising out of or related to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

You can file any complaints and claims with HOLA! RENT A BIKE via email at MAIL LOPD@HOLARENTABIKE.COM or by postal mail at the address Calle Sueca 52 Bajo Izquierdo, Valencia – Spain, 46006.

Privacy Policy

Website Owner Information

Business Name / Trade Name: HOLA! RENT A BIKE

Legal Entity: Giambattista Olivieri

Tax Identification Number: Y8867490S

Address: Calle Sueca 52 Bajo Izquierdo, Valencia – Spain, 46006

Phone: +34 615074311

Email: lopd@holarentabike.com

Website Name: www.holarentabike.com

Data Protection Officer

The owner is responsible for the personal data collected through the navigation and use of this website in accordance with the requirements established by REGULATION (EU) 2016/679 regarding the protection of personal data of natural persons, as well as in accordance with Law 34/2002 of July 11 on Information Society Services and Electronic Commerce (LSSI-CE).

By using this website, we understand that you have read and understood the information provided regarding the processing of your personal data.

Data Protection Policy

The controller applies the principle of active responsibility in the processing of personal data, maintaining a constant updating and promoting continuous improvement of the data protection system in accordance with the applicable legal requirements, ensuring in any case:

Respect for the freedoms and fundamental rights of individuals

That the data is processed lawfully, fairly, and transparently

That the processed data is accurate, adequate, relevant, and limited to the purposes for which they are collected

That the purposes for which they are collected are explicit and legitimate and that they are not processed in a manner incompatible with said purposes

The purpose of this document is to inform users about what we do with their personal data, how they are collected, for what purposes they are used, the rights available to them, as well as all the necessary legal information established by current regulations.

Collected Data, Purpose, and Legality

The personal data processed are those provided by users through the forms available on this website and are the minimum required to: send information about our services, address inquiries, process reservations, as well as issue tickets or invoices, inform about reservation status, address complaints, and any other management derived from the service provided through this website.

These purposes are based on legal principles of data processing collected by current regulations: for the execution of the provision of a service to users, for compliance with legal obligations, by legitimate interest, and with the consent of the users.

Web Forms

The personal data collected through the contact web form are used to address any inquiry made by the user through it.

All customers and participants in a HOLA! RENT A BIKE product or service authorize the processing of their personal image (photographs, videos, and/or recorded voice) partially or integrally for the purpose of promoting HOLA! RENT A BIKE’s products or services in the future in promotional and marketing media, such as brochures, web pages, social networks, reports in magazines, newspapers, television or radio programs, or others. They can exercise their rights of access, opposition, rectification, deletion, limitation, and portability by written request to the following address: HOLA! RENT A BIKE, located at Calle Sueca 52 Bajo Izquierdo, Valencia – Spain, 46006, and/or email at lopd@holarentabike.com.

The personal data collected in the reservation form are intended for processing the necessary data for the proper management of your reservations.

The data processing is legitimized by the consent you provide us by expressly accepting the conditions of the processing informed through this privacy policy.

Data Recipients

Personal data obtained through web forms are recorded and stored on electronic media controlled and supervised by the data controller.

Your personal data will not be disclosed to third parties, except where such data communication is supported by a legal obligation or when, for the proper provision of the service or the execution of the contract, it is necessary to communicate your data to third parties to process the payment (payment gateways);

Redsys Servicios de Procesamiento, S.L. (“Redsys”), with registered address at Francisco Sancha Street, number 12, Madrid, with Tax Identification Number B-85955367, fully compliant with current legislation on the protection of personal data and with the confidentiality commitments inherent to its activity. Redsys has adopted the necessary technical measures to maintain the required security level. You can view their privacy policy at www.redsys.es.

For cases where the communication of data to third parties is not supported by the legal bases established in the previous section, the communication of data to other recipients will only be made if the user has given their express consent.

Strict selection criteria for data processors are maintained, along with a contractual commitment with each of them to comply with and enforce the obligations established in data protection matters.

In the event of international data transfers, HOLA! RENT A BIKE will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws and, in particular, that contractual, technical, and organizational measures are applied, such as standard contractual clauses approved by the European Commission.

Technical and Organizational Data Protection Measures

The media have the necessary technical and organizational measures to guarantee the confidentiality and preservation of the personal data obtained through the website.

The personal data collected from the website are processed using HTML protocol with a valid SSL certificate.

The personnel involved in data processing operations such as access, editing, deletion, etc., are trained and committed to this data protection policy.

Data Retention

Personal data obtained through the contact form will be kept for the time necessary to address the request/inquiry made.

Personal data obtained through the order form will be kept as long as there is a contractual and/or commercial relationship with you or until you exercise your right to deletion, cancellation, and/or limitation of the processing of your data.

After the contractual relationship has expired, we will keep the information duly blocked, without any use, as long as it may be necessary for the exercise or defense of claims or may derive some type of judicial, legal, or contractual liability related to its processing, which needs to be addressed and for which its recovery is necessary.

In the event that you have expressly accepted the sending of commercial information, we will retain your contact details until you communicate your decision to cancel such commercial communications.

Information on the Existence of Automated Decisions (including Profiling)

We usually do not make automated decisions, but if we do, we will make it clear that such a decision is being made. However, HOLA! RENT A BIKE collects various sections dedicated to service personalization to display personalized advertising when entering its website and also for sending personalized communications.

HOLA! RENT A BIKE acknowledges the possibility of creating profiles to improve its product offering, personalize the sending of commercial offers, or provide a more tailored approach to the customer.

Opposition to Data Processing for Advertising Purposes

If you previously consented to the use of your data for advertising purposes and no longer wish to receive advertisements, you can revoke your consent at any time by sending an email to the responsible party at lopd@holarentabike.com.

Changes in the Privacy Policy

We may modify the information contained in this Privacy and Cookies Policy when deemed necessary. If we do so, we will notify you through various means on the Platform (for example, via a banner, pop-up, or push notification), or we may even communicate these changes to your email address when the change significantly impacts your privacy, allowing you to review, assess, and if necessary, oppose or unsubscribe from a service or functionality. In any case, we suggest reviewing this Privacy and Cookies Policy occasionally for minor changes or interactive improvements.

Intellectual and Industrial Property

The design of the portal and its source codes, as well as the logos, trademarks, and other distinctive signs appearing therein, belong to HOLA! RENT A BIKE and are protected by the corresponding intellectual and industrial property rights.

Content Responsibility

HOLA! RENT A BIKE is not responsible for the legality of third-party websites from which the portal may be accessed. It also does not endorse the legality of other third-party websites that may be linked or referred to from this portal.

HOLA! RENT A BIKE shall not be liable for third parties’ use of information published on the portal, nor for any damages or economic losses, directly or indirectly, resulting from or that may result in economic, material, or data losses caused by the use of such information.

Reproduction of Contents

In accordance with the Intellectual Property Law, the reproduction, distribution, and public communication of all or part of the contents of this website for commercial purposes on any medium and by any technical means are expressly prohibited without the authorization of HOLA! RENT A BIKE.

Applicable Law

HOLA! RENT A BIKE reserves the right to take civil or criminal actions it deems necessary due to the misuse of the website and its content or non-compliance with these conditions.

The relationship between the user and HOLA! RENT A BIKE will be governed by the current and applicable legislation within the national territory. In the event of any dispute regarding the interpretation and/or application of these conditions, the parties will submit the conflicts to ordinary jurisdiction, subject to the Judges and Courts as required by law.

Cookies

If we use “cookie” technology on the website, there is a specific section that informs you of their existence and their usage policy. Please refer to the “cookie policy” section.

Otherwise, no browsing cookies are used.

Personal Data of Minors

This website is not intended for users under the age of majority. If you are a minor, please do not attempt to register as a user. If we discover that we have inadvertently obtained personal information from a minor, we will promptly delete such information.

Exercising Data Protection Rights

In accordance with the rights conferred by current regulations on the protection of personal data, users can exercise their rights of access, rectification, limitation of processing, erasure, portability, and objection to the processing of their data by directing their request to the indicated postal address or the email lopd@holarentabike.com. To exercise these rights, identification via the presentation of your ID is required. For any complaints, you can also contact the same email provided. Likewise, you can contact the Spanish Data Protection Agency at www.aepd.es.