Terms and Conditions


General Terms and Conditions - BICYCLE RENTAL

Definition of the civil conditions and responsibilities of the clients that celebrate with the commercial company BIKESUL, UNIPESSOAL LDA - legal person nº 509 739 512, represented by being an accredited Employee, with registered office at Rua Cândido dos Reis, Nº 62,

8375-105 São Bartolomeu de Messines, Portugal also with a physical shop in Guia - Albufeira, at Poço das Canas EN125 Km68, 8200-564 Guia, Albufeira designated in this contract by BIKESUL;  

First Party:

BIKESUL, UNIPESSOAL LDA - legal person nr. 509 739 512, represented by any of its duly identified staff members, head office located in Rua Cândido Dos Reis, N.º 62 - S. B. Messines, shop located in Poço das Canas EN125 Km 68 8200-564 Guia - Albufeira, hereinafter referred to as BIKESUL;

Second Party:

Identified on the first page of this contract, and hereinafter referred to as "the Client";

Both parties enter into this RENTAL CONTRACT - bicycle rental, which is governed by the following terms, divided into Special and General Conditions.

Special Conditions

1. Vehicle

Brand: KTM; Serial Number:(identified on page 1); Production year: From 2017; Overall state of the bicycle (when new); Total Value + VAT (Market value Retail price (Importer ref. + VAT at the current rate).

II.Rental Conditions:

(description on the first page).

III. Other Conditions

Rentals are paid in advance at the start of the rental period. The indicated amount includes Value Added Tax (VAT) at the applicable rate upon contract conclusion.

Any fines or other expenses due for the use or possession of the bicycle will be charged to the Client. The second Party is liable for all risks inherent to the use of the bicycle throughout the duration of the contract.

General Conditions

Article 1 - Vehicle

1. Subject BIKESUL rents out to the Client, and the Client hires the bicycle described in the special conditions.

Article 2 - Rental

1. The amount, the period, and the end date of the rental regarding the use of the bicycle are defined under the special conditions.

2. The rental must be paid in cash or by transfer at an ATM, according to the table under article 5a.

Article 3. - Location and office hours

Vehicles may be rented at any BIKESUL office during the following opening times: 
Monday to Friday from 09:00am till 07:00pm, Saturday from 10:00am to 01:00pm and from 02:00pm to 05:00pm.
Sunday and Holidays - Closed

Delivery fee - contact us.

Article 4. - Rental conditions

1. Bicycle rental shall only take place during office hours and it shall last the minimum contractual duration;

2. Bicycle rental implies signing the rental contract as well as a liability insurance contract;

3. Presenting a valid personal identity document with photo is mandatory upon rental.

4. Bicycles can only be rented to people over 18 years of age (or younger if accompanied by a parent or guardian willing to sign a liability agreement) with valid documents.

5. BIKESUL reserves the right to refuse bicycle rental to anyone who is clearly under the influence of alcohol or any other illegal substance, or to anyone who is unable to use the bicycle, as well as to anyone who has previously breached rental conditions.

6. A form shall be filled with the results of bicycle verification jointly undertaken by BIKESUL and the Client, regarding the state of the equipment both before and after the rental period.

7. If requested upon bicycle rental, a helmet, bike lock, emergency kit, and air pump will be made available to the Client.

The Client will also receive a copy of the rental contract;

Article 5 - Rental prices

1. Bicycle rental prices vary according to the rental period

2. Prices are indicated in the following table;

3. For each extra hour beyond the duration of the contract, a fee of €20.00 will be charged

4. Returning the bicycle before the contract expires does not imply a reimbursement of any amount previously paid for rental time.

Article 6 - Deposit or Vehicle Protection Service

1. Upon rental, the Client must pay a deposit equivalent to 10% of the bicycle's value according to the table in article 13-2 or acquire the vehicle protection service available from Bikesul company in order to cover stealth or vehicle damage caused by accident or crash. This service covers:

Bike damage in case of accident or fall.

Bicycle Protection Service cost per vehicle rented: Trekking / Cit Bike or MTB Leisure Bike: 50,00€; Sport MTB or Road Bike: €100€; E-Bike: 150,00€

2. Exceptions: Damage caused by negligent use, damaged caused by noncompliance with road traffic laws; Traffic accident involving other vehicles. In which case the legal authorities must be summed to access responsibilities on site. An insurance declaration form must be fulfilled (declaration form will be provided with the bicycle).

3. In case of deposit, the amount will not be returned if the bicycle or any other equipment made available present partial and/or total damage due to incorrect use, regardless of who is at fault, but only if the Client refuses to voluntarily pay for the damaged parts according to the quote presented by our company's mechanic.

Article 7 - First Party's Obligations

BIKESUL is under the following obligations:

a) To provide the Client with the vehicle which is the subject of this contract, together with the documents and equipments mentioned in the special conditions,

b) To ensure the vehicle can be used to serve the intended purpose,

c) To provide support in case of breakdown or accident, doing all that is necessary to help the Client.

Article 8 - Second Party's Obligations

The Client is under the following obligations:

a) To use the bicycle in a normal and cautious fashion, abiding by traffic rules;

b) To refrain from using the bicycle in a way that may compromise its performance and safety;

c) To pay the rental;

d) To lodge a deposit;

e) Not to sub-rent the bicycle;

f) Not to lend, assign, transfer, adapt or modify the bicycle;

g) Not to transport other people;

h) To refrain from using the bicycle in all kinds of sports competitions;

i) To allow an inspection of the bicycle by BIKESUL, even during the rental period;

j) To follow the rules and procedures laid down in article 12 in case of an accident;

k) To immediately call BIKESUL informing of any deficiency or anomaly found when using the bicycle;

l) To immediately call BIKESUL in case of theft or damage caused by a third party;

m) To pay any fines, penalties, and similar expenses related to the use or possession of the bicycle during the rental period;

n) Not to use the bicycle outside the territory of the municipality where the bicycle was rented;

o) To return the bicycle when the rental is over, together with the equipment and documents mentioned in the special conditions, as well as any extras provided, in a state consistent with their normal use.

p) To pay the cost of any malfunction according to our mechanics' quote.

Article 9 - Hazard and Insurance

1. Without prejudice to relevant provisions in the national legislation, the Client shall be liable for all risks of bicycle loss or damage.

2. By signing the bicycle rental contract, and while it is in force, the Client is obliged to take the insurance in favour of BIKESUL covering the following hazards;

a) Damage to third parties: material damage to property, as well as material and non-material damage to third parties due to reckless driving.

3. The Client must pay the insurance company, through BIKESUL, the insurance premium.

4. The insurance policy specifically sets out that, in the case of an accident, compensation must be directly paid by the insurance company to BIKESUL.

5. In case of a damage claim against BIKESUL by third parties due to damage caused by the use of the bicycle and not covered by the corresponding policy, BIKESUL may enforce its right of recourse against the Client for the paid amounts.

6. Upon conclusion of this contract, the Client may choose to hire a Personal Accident Insurance to cover any situation that may affect his/her own physical integrity. Coverages and deductibles of that insurance are indicated in the following table:

PERSONAL INSURANCE LIABILITY

Insurance cover

Capitals

Death or Permanent Disability

20,000.00 EUR

* Medical Treatment and Repatriation Expenses

3,500.00 EUR

** Liability Exploitation

50,000.00 EUR

* Deductibles: 50 EUR for Medical Treatment expenses

** Deductibles: 10% (Material Damage) Minimum: 125 EUR, Maximum: 500 EUR

Article 10 - Return and Cancelations

1. At the end of the rental period, the bicycle must be returned to the same office where the contract was signed, unless agreed otherwise, and during the office hours indicated in article 3

1.1 Early Return
After signing a contract with the customer, early return does not guarantee
reimbursement of the amount of unused days. In exceptional cases and after
analysis, Bikesul may consider compensation.


1.2 Extended return
The return of a rental after the established period, implies the payment of the
additional days in question, regardless of whether the bicycles were used or not, as
in this case they were unavailable for other rentals.


2. Cancelations

2.1. Less then 48h, will be charged 1 day of rental per bike.

2.2. For rentals of 10 or more bikes:

    2.2.1. Until 7 days from the rental start date, it will be refunded the total deposit amount, deducted of bank costs.

    2.2.2. Less then 7 days from the rental start date, no refund. 

3. Failure to comply with the previous provision shall imply the payment of a penalty of €100.00 per day of delay; that sum shall be taken from the lodged deposit.

4. Returning the bicycle to an office other than the delivery one requires an express agreement between the parties.


Article 11 - Liability for theft and damage caused by an accident

1. The Client is liable for theft of and damage to the bicycle and any accessories made available during the rental period unless the client has contracted the Vehicle Protection Service.

2. In case of bicycle theft, the Client shall immediately inform BIKESUL, at any of its offices or by phone, and report the case to the police authorities (PSP - Polícia de Segurança Pública, or GNR - Guarda Nacional Republicana).

3. Not returning the bicycle at the end of the duration of the contract implies complete loss of the deposit amount and the obligation to pay the rest of the total value of the bicycle.

4. The Client will be liable for any damage caused by an accident or by inappropriate use of the bicycle, as well as for any malfunction or damage of accessories, regardless of who is at fault in the accident. General conditions of the insurance regarding any third parties involved in the accident shall apply.

5. Withholding the deposit amount serves the sole purpose of bicycle replacement or damaged part repair.

Article 12 - Malfunction

1. Should the bicycle in use by the client breaks down for any reason out of his/her control, the Client shall immediately notify BIKESUL, either personally at its offices, or by calling the numbers 289 561 310 or 919 012 705, so the bicycle can be replaced.

2. Should it be impossible to replace the bicycle, the total amount regarding the rental period will not be charged, and a bicycle will be made available at another time to be agreed.

3. When returning the equipment, the Client shall inform BIKESUL of any deficiency or malfunction in the bicycle or in any other material made available.

Article 13 - Price Table of Equipment in case of malfunction

The Client is solely responsible for any damage to, or loss of, the Equipment during the Hire Period. The Client will notify Bikesul immediately if the Equipment is damaged or lost, and will follow all reasonable instructions of Bikesul in relation to such damaged or lost Equipment.

In the case of damage to the Equipment (excluding reasonable wear and tear, and any damage to inner tubes), however caused, the Client will be responsible for and will pay Bikesul for the full cost of all repairs, including the cost of replacing any damaged parts and any labor to restore the Equipment to the condition it was in at the commencement of the Hire Period. For the avoidance of doubt, Bikesul has the sole right to reasonably determine: (a) whether the Equipment has been damaged during the Hire Period; (b) whether such damage is beyond reasonable wear and tear; (c) the extent of such damage; and (d) the full cost of the repairs required.

In case of theft or accident and total loss of the rented bicycle, the Client shall pay the respective price according to the following table.

Retail prices including VAT at the current applicable rate.

Distributor's Ref. Prices.

Equipment / Description

Price VAT Included

 

Equipment / Description

Price VAT Included

KTM Carbon Disc Di2

4.799€

 

Baby seat

59€

KTM Carbon Ultegra

2.299

 

Children Trailler

499€

KTM Carbon Ultegra Disc

3.199€

 

GPS Garmin 1000

600€

KTM Carbon 105

1 899€

 

Pedals Look Keo

65€

Kross Esker 10 AL Gravel

999€

 

Pedals SPD SL

55€

KTM X-Strada

1 899€

 

Pedals SPD

35€

KTM E-Bike Macina Sport

3.699€

 

Helmet

60€


KTM E-Bike Macina Cross
 
2.899€      

Kross Trans 7 Men or Lady

699€

 

Lock

15€

KTM Carbon FS 29er

3 299€

 

Saddle bag

15€

Kross Lea

579€

 

Pump

15€

KTM Myroon

2.599€

 

E-Bike Bosch power charger

170€

KTM Chicago 29”

749€

 

E-Bike Battery key

25€

Kross Level

799€

     

KTM E-Bike Macina Team

3 699€

     

Kross Hexagon 24

499€

     

Kross Junior 20"/24"

379€

     
 

2. In case of damage to the rented bicycle, the Client shall pay for the damaged parts according to the quote made by our mechanics. Bicycle repair cost shall be accrued by the cost of vehicle still stand, at the rate of €30.00 per day, to a maximum of 3 days.

Article 14 - General Provisions

1. Bicycle rented by BIKESUL are the exclusive property of the First Party and are intended for leisure rides.

2. The Client is free to choose his/her preferred itinerary, as long as the rules in this contract are observed.

3. BIKESUL recommends the use of adequate protective accessories, like a helmet, gloves, and other items that may be necessary for increased safety (eyewear, knee and elbow pads, etc.).

4. BIKESUL recommends utter caution when using the bicycle and warns that all traffic rules must be observed when riding.

5. Each bicycle can only carry one person;

6. The territory where a BIKESUL bicycle can be used is limited to the municipality where it was rented and neighboring municipalities.

Final provisions

Article 15 - Unforeseen Situations and disputes

Any situation neither mentioned nor provided for in this contract shall be dealt with under the national applicable law and ordinary courts shall be competent, namely the Judicial District Court of Albufeira (Tribunal Judicial da Comarca de Albufeira).

Article 16 - Acceptance of general rules

The use of the bicycles available for rent at any of BIKESUL's offices implies full knowledge and acceptance of the terms in this contract.

Both parties declare to willingly agree to the rules in this Contract, which they know, understand, and accept. The Contract is done in duplicate, dated and signed on the front page by both parts, each of which will keep one copy.

___________________________________________________________________________________________________________________________

Terms and conditions  – Tours and Cycling Holidays

1. Identification of the parties
The parties of these terms and conditions are Bikesul Unipessoal Lda, as the first party, a company incorporated and registered in Portugal with legal person number PT 509 739 512 whose registered office at Rua Candido dos Reis, 62, 8375-105 São Bartolomeu de Messines, represented of any of its duly identified staff members (“us, we, our”) and you, as second party, purchaser of a product or /and hirer of our Equipment, and here and after referred as “the client”.
Bikesul is registered at the Portugal National Tourism Organization, the National Board for Tourism activities:
RNAAT – 361/2015 and RNAVT – 8803
The Contract is between the Company and you (“Bikesul” and “you /client” in these conditions), being any person traveling or intending to travel on a trip operated by us including any person who is added or substituted after booking. We both agree that Portuguese law (and no other) will apply to your contract and to any dispute, claim or other matter of any description /and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of Portugal only. No employee of the Company other than the Director has the authority to vary or omit any of these Terms. No promise of a discount or refund will be binding on us unless confirmed by us in writing.
2. Booking and Paying Conditions
2.1. To Secure booking, we must receive a payment of the minimum 50% deposit of the total trip price, per person, (or full payment if booking within 40 days of the start of your trip or at an earlier stage for some trip.) A higher deposit might be requested if any supplier(s) requires additional payment at the time of booking /prior to balance due date. The applicable deposit will be confirmed at the time of booking. All Clients (including anyone who is added or substituted at a later date), whether booking in person, by telephone, via our website, by e-mail or facsimile or by any other means, will be deemed to have agreed to the following conditions:
2.1.1. They have read and accepted our Booking Conditions and general information pages contained in our brochure and/or on our website.
2.1.2. Clients acknowledge and accept the risks involved in adventure travel
2.1.3. Clients confirm that they don't suffer from any pre-existing medical condition or disability which may prevent him from actively participating in the trip. If any person suffers from any medical condition or disability which will or may affect their trip arrangements, please contact us before making your booking to discuss your requirements.
2.1.4. The person making the booking confirms that he/she is at least 18 years old and has full authority to firm a contract on the basis of these conditions on behalf of all persons named on the booking and confirms that all such persons are fully aware and advised and accept these conditions.
2.1.5. With the exception of self-guided trips (see below), a booking is accepted and becomes definitive only from the date we issue a confirmation invoice, to you or your authorized travel agent. It is at this point that contract is firmed between parts. Any online query for a booking request it's not a confirmation. Before your booking is confirmed and a contract comes into force, we reserve the right to increase or decrease holiday prices.
2.1.6. Certain documents may need to be sent by e-mail or post. References in these conditions to “send” and “in writing” or similar include communication by e-mail. You should contact us by email if you need to do so for any of the reasons mentioned in these booking conditions (for example, to request an amendment).
2.1.7. Self-guided trips: We may not be in a position to confirm the costs for all services forming part of your self-guided holiday at the time of booking until your services are confirmed. If some costs cannot be confirmed, we collect the necessary deposit on the basis of the estimated price. Once we have confirmation of all applicable costs, we will issue a confirmation which will show the confirmed price. This price may be higher or lower than the estimated price. It is at this point that our price guarantee will take effect. If, however, an increase between the estimated price and the confirmed price shown on your revised invoice is greater than 10% of the estimated price, you may cancel your holiday and receive a full refund of all monies you have paid us notifying us in writing within 7 days. No compensation will be payable after this period.
2.2. Individual Programs
2.2.1. For Any Tour Lasting more than 1 (one) day a deposit of 50% of the total value must be made at the time of the booking. 
2.2.2. Remaining payment is due 30 days prior to departure.
2.2.3. For any tour lasting under 1 (one) full day a deposit of 100% of the total value is required at the time of the tour booking.
2.3. Business Events
2.3.1. A deposit of 50% must be made at booking time. The remaining 50% plus any agreed amendment must be paid 60 days prior to the event.
2.3.2. Included and Not Included Items:
2.3.2.1. The Tour price is per person and includes those items mentioned in the “INCLUDED” section of our website or, in case of a custom proposal, in the included section of the proposal sent to you by email.
2.3.2.2.  Any item not mentioned in the included section is not included. Bikesul usually mention “NOT INCLUDED” for relevant items or services we consider important to call your attention to.
2.4. Payment methods:
2.4.1. We do not accept checks. 
2.4.2. Payments by bank transfer must be made to our bank account which details are present in the invoice.
2.4.3. By credit or debit card having an additional cost of 2.5%. 
3. Booking Changes
3.1.  A confirmed booking can be changed or transferred, free of charge, to a different trip or date, up to 45 days prior to departure. Thereafter all changes will be treated as cancellations and subject to the cancellation charges below.
3.1.2. Changes are subject to availability.
3.1.3. A confirmed booking for any tour lasting under 1 (one) full day can be changed or transferred up to 48h before the tour starts. (Not applicable to Business or Group Events)
3.2. Upon a booking change request the Client can request a credit voucher for the amount paid in respect of any cancelled booking, less any non-refundable charges incurred by us or imposed by our suppliers. This must be redeemed within 12 months of issue against a new booking directly and only on the Bikesul website. No further credit vouchers can be requested against the new booking. No cash refund will be provided if the cost of the new booking is less than the value of the credit voucher. In this case the Client can use the remaining balance for Bikesul equipment renting.
3.3. If you are unable to travel, in circumstances which we consider reasonable, the booking or your place on the booking may be transferred to another suitable person (introduced by the client) up to 15 days prior to departure. Any costs or charges incurred by us or any supplier(s) in making the transfer must be paid before the transfer can be made. Any overdue balance payment must also be paid.
4. Cancellations and Refunds
4.1. By Bikesul’s Initiative:
Bikesul has the right to cancel a program according to the following circumstances:
4.1.1. Force Majeure: Refunds and compensation payments are not liable in circumstances beyond our control or our supplier’s control. This includes but is not limited to changes due to war, threat of war, acts of terrorism, civil strikes, natural disaster, fire, adverse weather, or similar circumstances. If possible, we will supply an alternative program.
4.1.2. Extreme weather conditions that may compromise the security of the program. In this case no refunds and compensation payments are not liable, we will offer an alternative program as close as possible to the original one.
4.1.3. Programs for individual guests with set date and minimum number of participants to given price: if the minimum number of participants is not achieved then you may choose one of the following options:
4.1.3.1. Money refund.
4.1.3.2. Price for an inferior group, to be accepted or not by the client; Alternative program;
4.1.4. Bikesul has the right to change the program or the routes whenever it's necessary for any reason as per example road works, health, safety etc. No refund will apply in these situations.
4.1.5. In the unlikely event that we have to cancel your tour for any reason, we will refund you 100% of the amount paid, deducted of bank costs.
4.2. By Client’s Initiative
4.2.1. Individual package activities - including accommodation and activities.
4.2.1.1. We highly recommend you to subscribe a trip cancellation insurance. 
4.2.1.2. Should you be unable to proceed with your tour for any reason you should inform us immediately. Our cancellation and refund policy for all multi-day tours is as follows:
4.2.1.2.1. For cancellations until 56 days before the tour start date, we refund your deposit minus 50€ for handling fees.
4.2.1.2.2. For cancellations between 55 and 42 days before the tour start date, we will keep your deposit, but we will not charge anything else.
4.2.1.2.3. For cancellations between 41 and 21 days before the tour start date, you can choose one of the following options:
           4.2.1.2.3.1. 50% refund of the amount paid, deducted of bank costs
          4.2.1.2.3.2. Rebook the tour on another date, subject to availability 
          4.2.1.2.3.3. Choose another available tour
4.2.1.2.4. For cancellations from 20 days before the tour starts there will be no refunds.
4.2.1.2.5. No refunds are available once the tour starts. Including weather or other factors beyond our control.
4.2.1.2.6. Exception: In case of illness of the participant (proven with an official medical report), including Covid-19 or Covid-19 restrictions, the booking can be postponed for other available dates. There are no costs or charges incurred directly by Bikesul, although eventual costs incurred or imposed by any supplier(s), might be applied. Any overdue balance payment must also be paid.
4.2.2. Daily Tours
4.2.2.1. For cancellations 24h before the tour starts we will refund your deposit, deducted of bank costs.
4.2.2.2. For cancellations after 24h before the tour starts there will be no refunds.
4.2.2.3. No refunds are available once the tour starts. Including weather or other factors beyond our control.
4.2.3. Business Events
4.2.3.1. For cancellations until 56 days before the tour start date we refund your deposit minus 200€ for handling fees.
4.2.3.2. For cancellations between 55 and 42 days before the tour start date, we refund your deposit minus 200€ for handling fees, plus any other expenses associated such as suppliers’ cancellations fees, route check) 
4.2.3.3. For cancellations from 20 days before the tour starts there will be no refunds.
4.2.3.4. No refunds are available once the tour starts. Including weather or other factors beyond our control.
4.2.3.5. Cancellation policies can be negotiated before booking but never after booking confirmation. 
According to Portugal decree law n.º 24/2014, from February 14th applicable to contracts concluded at a distance, has the right to freely terminate a contract, without indicating a reason, within 14 calendar days from the date of conclusion of the same or the date of payment for a purchased tour, as long as respected the set out in the previous description  on point 1.
Consumer information
According to Portugal decree law 18.º law n.º 144/2015, in the event of a dispute, the consumer may appeal to an Alternative Dispute Resolution Entity:
CIMAAL – Algarve Consumer Dispute Information, Mediation and Arbitration Center. All counties from Faro District.
Address: Ninho de Empresas, Edifício ANJE, Estrada da Penha, 3º andar, sala 26, 8000 Faro;
Tel. 289823135
E-mail: cimaal@mail.telepac.pt
Website: http://www.consumidoronline.pt
5. Risks and Liabilities
5.1. The tour difficulty level is explained in each tour description. If you have any doubts please contact us.
Your booking is accepted on the following conditions:

  • You will inform us of any medical condition that may be affected by or affect the activity.
  • You understand and accept the risks associated with bicycle, canoeing, walking or jeep travel (depending on the tour you chose)
  • You are fit and medically able to undertake the activity you booked.
6. Warranties, Insurances and liabilities
6.1. Bikesul Unipessoal Lda is fully insured according to the Portuguese law in force for its activity. This means that those participating in our programs are covered by insurances as described below:
6.1.1. Personal Accident insurance policy – 01694118
6.1.1.1. This insurance is nominal which means we need to know each participant's full name, DOB and ID card/passport before the starting date.
6.1.1.2. Coverage per accident:
Medical treatment: Limited to 3,500.00€ 
Death or Permanent Disability: Limited to 20,000.00€
6.1.2. Civil liability insurance policy – 01694118
6.1.2.1. Civil liability insurance covers damages caused to third parties or clients and that occurs because of the activity and of our responsibility.
6.1.2.2. Limits: 
  • 3,500.00€ per incident/year as Tourism entertainment 
  • 50,000.00€ per incident/year as Tour operator.

7. Responsibilities
7.1. Bikesul accepts no liability for illness/injury suffered by you or loss/damage to your property during the holiday save that is covered by its insurances.
7.2. Travel insurance not included, should be arranged by you at the time of booking.
7.3. Trip cancellation insurance is not included in the tour price but is strongly recommended. This will protect you should you need to cancel for unpredictable reasons such as illness, and should provide for your air and tour refunds in full. Additional insurance for baggage, health/accident is also strongly recommended.
7.4. Our programs are run by experienced guides. We have emergency plans and procedures for all activities.
Procedure: In case of an accident, you or a member of our team will call the Emergency service. Transport costs to the hospital are your responsibility. If the emergency service considers an ambulance is not necessary, you must pay for a taxi, and this might not be refunded by the insurance company. Hospital bills must be paid by you. We will file a report to the insurance company. The insurance company will then decide the amount to be refunded.
8. Available emergency means
8.1. Portugal has a national emergency system that can be used anywhere in the country through the number 112. Free of charge.
8.2. Human resources: all Tour leaders have a 1st aid certificate.
8.3. Material resources: in all our programs, we have a basic 1st aid kit and mobile phones. We may also use our bikes or cars as emergency means.
9. Trip participation and client responsibility
9.1. You agree to accept the authority and decisions of our employees, Bikesul Tour Leaders and agents whilst on trip with us. If in the opinion of any such person(s) or any other person in a position of authority (such as, for example, an hotel manager), your health, level of fitness or conduct at any time before or during a trip is endangering or appears likely to endanger your health or wellbeing or any third party (including any other clients of the Company) or the safe, comfortable or happy progress of the trip, you may be excluded from all or part of the trip without refund or recompense. When you are excluded, we will have no further responsibility towards you (including any return travel arrangements) and we will not meet any expenses or costs incurred as a result of the exclusion.
9.2.  In case of illness, Bikesul will look for possible solutions in order to make your return. We will also try to recover, when possible, costs for unused services.
9.3.  If you commit an illegal act (including, for example, causing any damage) you may be excluded from the trip and we shall cease to have responsibility to/for you as above. No refund will be given for any unused services. When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. The Client will also be responsible for meeting any claims subsequently made against Bikesul and all costs incurred by us (including our own and the other party’s full legal costs) as a result of his actions.
9.4. The Client should ensure to have appropriate travel insurance to protect you if any of the previous situations arises.
9.5. If you have any medical condition or disability which may affect your active participation on the tour of any other person, or have any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before confirming your booking so that we can assist you regarding the suitability of the proposed tour. In any event, you must give us full details at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your active participation in your trip or the trip arrangements of any other person develops after your booking has been confirmed.
10. Itinerary changes
10.1. We reserve the right to make changes to your itinerary. Should this be necessary we will do our utmost to ensure that any changes do not substantially alter the nature, structure durability and quality of the tour.
11. Routes
11.1. We cannot guarantee the condition or accessibility of routes, since they follow public roads that are subject to road works, diversions, landslides etc.
12. Support Car (Guided or Supported / Assisted Tours)
12.1. Depending on the Tour booked the support car might not always ride with the group. It will be sometimes at a reasonable distance from the group in order to be able to reach it in a maximum of 60 minutes in case of need. The support car also does other services like setting up water and feed assistance points, preparing light snacks or doing shopping for the day.
13. Photographs, Videos and personal data
13.1. Upon a Booking confirmation, Client agrees that Bikesul is entitled to use the photographs taken during the activities for promoting and marketing purposes for our tours only. No images shall be used when the image of a person is equal to or larger than 50% of the photograph size.
13.2. All personal data collected by BIKESUL are provided voluntarily and will not be transmitted to third parties, unless authorized by the customer for that purpose, or in cases expressly mentioned in the contract.
14. Queries and Complaints
14.1. We will respond to your tour queries by email or telephone within 48 hours. Absence of reply may mean that we haven’t received your query. Please resubmit.
14.2. If you have a problem during your tour, you should talk to your guide or phone Bikesul, and we will do our utmost to resolve the matter promptly. 
14.3. Our first goal is to serve you well. Whenever you have a complaint, please try to inform us in time to solve it during your trip. Otherwise, you should notify us in writing with the details of your complaint within 30 days of your tour finish date. 

14.4. According to legislation we have a complaining book. We also have a Compliment's book.
 
 

Terms and Conditions - Online Sales

1. GENERAL SALES CONDITIONS
1.1. All client orders made online at www.BIKESUL.com, email and social networks are subject to the contract’s general conditions.
1.2. The offer of products in the online shop is intended for final consumers only. For the purposes of this contract, “a consumer is one to whom goods are provided, services are provided or rights are transferred, intended for non-professional use, by a professional with business activity with the purpose of obtaining benefits.”  (Law 24/96 of 31 July, article 2(1), of the Portuguese Republic) and “a company is any entity that fulfils business activities in providing goods or services within a certain market, regardless of its legal statutes or method of financing. (Law 19/2012, of 08 May, article 3(1) of the Portuguese Republic).
1.3. Use of the online shop makes the user a final consumer and implies its acceptance, fully and without reservation, of all the dispositions included in the General Terms and Conditions, in effect each time the client accesses the online shop.
1.4. BIKESUL reserves the right to change the General Terms and Conditions with no previous notice. 
1.5. The contractual offer available in the online shop is intended only for people of age, where the client accepts that it can only be used by adults with full contractual capacity who are, consequently, able to be take full responsibility for commitments resulting from purchase and sales.
1.6. The Client, in its business relationship with Bikesul, Unipessoal Lda., accepts the current General Conditions of Sale, which are to be applied generally, except for exemptions in writing by Bikesul, Unipessoal Lda. The Client declares it knows all the content delivered and that they do not infringe on any third party rights, nor are they, by any standards, contrary to law. The Client is responsible for:
Any damages that it caused directly or indirectly, including any damages incurred during the assembly by the client of any items included in the invoice;  
Any damages that it caused directly or indirectly, including any damages incurred from using any of the items included in the invoice;
Any repair and damages related to all verified losses;
For any errors or defects originating from technical defects or assembly errors of the material included in the document.
The Client assumes and removes the liability from Bikesul, Unipessoal Lda, regarding any action, request or claim it receives, related to any industrial and intellectual property, as well as the unlawfulness or non-compliance of any element or content delivered to Bikesul, Unipessoal Lda. for completion. Bikesul, Unipessoal Lda will have the right to recourse against the Client for any expenses it must bear for any of its actions or omissions, either direct or indirect. 

2. ORDERS
2.1. In making an online purchase, the client remains bound to the conditions of the items and services selected for the five days following the order date. After this time, BIKESUL reserves the right to update the cost of items and services. In this case, and after the three days, if the client wishes to finalise the purchase, he must pay the updated amount visible online at the time the request is confirmed.
2.2. The client must always accept the General Terms and Conditions of the online shop.
2.3. Completing the fields and providing the information, as well as verifying that information is exclusively and completely the client’s responsibility.
2.4. The online shop accepts the following payment methods: Credit Card or PayPal.
2.5. BIKESUL’s confirmation of payment, within the timeframe mentioned, if not challenged by the client, will be contractually assumed as acceptance of the order.
2.6. Any client is authorised to cancel an order up to 14 days after the order date, under the terms of the right to free settlement (Decree Law no. 24/2014, of 14 February) and in accordance with the return policy, which is provided with the order confirmation.

3. ORDER DELIVERY
3.1. BIKESUL is liable only for a timely and correct shipping of the product to the transporter, but is not liable for delays caused by the transporter. Therefore, the estimated time for delivery of an online order is not binding.
3.2. When the merchandise is not transported by Bikesul, Unipessoal Lda. itself, transportation shall be made by a transportation company or the client’s vehicle, where it will be in either case transported at the Client’s responsibility and risk. Risk is transferred at the time the merchandise leaves the warehouses of Bikesul, Unipessoal Lda.
3.3. BIKESUL will send the order to the client within 48h after order payment is received, while the transportation time will be the responsibility of the transporter hired for that task.
3.4. If the client is not available at the time of the delivery, it is the client’s responsibility to contact the transporter to arrange a new delivery date. The transporter’s contact information can be found in the delivery attempt notice left in the client’s mailbox.
3.5. Any additional cost resulting from tax and customs fees in the order’s country of destination is to be fully paid by the client.
3.6. The transportation box for orders is completely free.
3.7. If any of the packages delivered by the transporter at the client’s address is damaged or has any signs of tampering, the client should immediately inform Bikesul, Unipessoal Lda. in writing and provide a written statement of the anomaly in the transportation document, or simply not accept the merchandise.

4. PRICES AND PAYMENT
4.1. The prices listed on the online shop include VAT at the legal rate in effect (PVP) and are valid only in Europe.
4.2. At the time of the order, transportation costs associated with shipping the order should be properly itemised.
4.3. Processing of the order is only done after payment.

5. RETENTION OF TITLE
5.1. BIKESUL reserves the right to the ordered item until the item is paid in full (including VAT), as well as the associated transportation cost.

6. INSURANCE AND TRANSFER OF RISK
6.1. Any customs fee will be paid by the client.
6.2. Except for a clear agreement to the contrary, BIKESUL reserves the right to choose the type of shipping and the transporting company.

7. EXCHANGES AND RETURNS
7.1. If the product provided shows a manufacture defect, the client can demand a repair of the defect or provision of a similar item without defect. 7.2. The client has 30 days to return the item, starting from the date the item is received, with no additional cost as long as it does not show any signs of use and is returned in the same box used for shipping. Should there be damages to the item caused by poor handling or packaging by the client while returning the product, BIKESUL reserves the right to not accept a return and charge the shipping costs to the client in question.
7.3. Regardless of conditions provided for in the previous items, and notwithstanding the right to free settlement within the timeline legally stipulated, the client may only proceed with the exchange of a purchased item or exchange it for another available online, within 30 days after the confirmation provided for in item 2.6.
7.4. The fulfilment of the right provided for in the previous item is only valid when the client has not used the item and BIKESUL reserves the right to make the equipment exchange possible, after verifying its condition.
7.5. Transportation costs resulting from fulfilling the right provided for in item 7.3. will be paid by BIKESUL.
7.6. Fulfilling the right described in item 7.3. shall be made in accordance with the return policy, which is provided to the client with the delivery confirmation.
7.7. The following timelines for complaints are established:
7.7.1. 48 hours – complaint based on the difference between the number of items invoiced and delivered;
7.7.2. 14 days – complaint due to apparent non-compliance of the product or its packaging, quality standards and usual presentation.
7.7.3. Once the timeline mentioned in the previous item has passed without any complaint, it is assumed that it was accepted without reservation, immediately annulling any right to file a complaint.

8. WARRANTY
8.1. The legal warranty is valid for two years from the delivery date. Certain products may have a longer warranty period provided by the manufacturer. 
8.1.2. Bikesul, Unipessoal Lda. declines the acceptance of any warranty request if the product in question in that document is covered by any of the following conditions:
Assembly done incorrectly by the client and/or by a third party who is not a client in this document;
Neglect of the product (insufficient conservation and maintenance);
Changes to the paint;
Falls
Overload
Noncompliance or a lack of maintenance with the minimum frequency recommended by the manufacturer of the component in question and properly carried out by Bikesul, Unipessoal Lda., it declines any responsibility for the warranty;
Products used in events of a competitive nature should receive more regular maintenance and the warranty of these products may be refused by Bikesul, Unipessoal Lda. due to the high stress it could have been subject to in situations that are completely contrary to normal use. In case of doubt regarding the correct frequency of maintenance and/or information that the client considers important and/or useful regarding assembly and/or correct use of the article in question, these questions should be immediately made in writing to Bikesul, Unipessoal Lda.

8.3. Warranty services do not cover any other services (such as assembly and transportation costs) and any potential costs due to assembly and additional material resulting from a change to the model. These costs will be paid by the client within the warranty.
8.4. The warranty is valid only for the first owner of the product, in accordance with the client mentioned in the purchase invoice.
8.5. We suggest that the client keep the box used for shipping until the end of the warranty, in order to guarantee that the bicycle is correctly packaged should there be a need to return it during the warranty period. 

9. LIABILITY
9.1. BIKESUL is not liable for any damages to the product, caused by any premeditation or negligence.
9.2. Any warranty or return requests made by the client due to product defects will be refused if the defect is not validated within 15 days after the product complaint is made.

10. PROTECTION OF PERSONAL INFORMATION
10.1. BIKESUL has the right to process and protect the information pertaining to the corresponding purchase contracts, as long as necessary for the creation and completion of the purchase contract and while obligated by law to keep the information.
10.2. BIKESUL commits to not communicating personal information to third parties without the client’s express permission, except if obligated by law to divulge the information.
10.3. BIKESUL is not authorised to proceed with the gathering, transferring or a different type of processing the client’s personal information for purposes other than what are provided for in the contract.
10.4. The user has the right to delete his personal information at any time through the personal account created online, as well as redefine the type of information it wishes to receive from BIKESUL.

11. APPLICABLE LAW
11.1. The purchase contract established between BIKESUL and the client shall be governed by the laws of the Portuguese Republic, subject to mandatory regulation of private international law, excluding the United Nations Convention of Contracts for the International Sale of Goods. 


AUTHORISED JURISDICTION
Both Parties agree that any potential disputes emerging from this contract will be submitted to the District Court of Albufeira, to the exclusion of any other.

BIKESUL 
Taxpayer no. 509 739 512
Email: geral@bikesul.pt