PRIVACY POLICY,
TERMS AND CONDITIONS
PRIVACY
POLICY

Pursuant to the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data, in Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce and other applicable legislation, with this Privacy Policy, Berganti Bikes hereby informs the users of its website about its protection policy with regard to personal data collected from Users of the Website so that they may freely and voluntarily decide if they wish to provide Berganti Bikes with the Personal Data that they may be asked to submit or that may be obtained about them as a result of accessing and using the Website.

What data does Berganti Bikes collect?

Berganti Bikes collects the following Personal Data about the Users of its Website:

Information about the reservation

When Users reserve a Berganti Bikes service, they should provide their first name, surname, nationality, electronic-mail address and telephone number. This information shall be used by Berganti Bikes to process the reservation and to contact the User in the event that there is any incident with regard to the reservation or if it is not possible to send an electronic confirmation of the reservation request. Users should also indicate the card payment modality to be used, along with the number and expiry data of the card to enable Berganti Bikes to process payment of the service. Berganti Bikes uses a safe payment gateway, which means that Berganti Bikes has no visibility with regard to the payment method data and may not store it.

Transactions log

Berganti Bikes keeps a log of any transactions made with Users.

IP address

Berganti Bikes collects the IP address when Users visit its Website. This data only identifies the User's ISP (Internet Service Provider) and contains no personal information about the User. Berganti Bikes uses this data to get more information about where the traffic on its Website comes from.

Cookies

Berganti Bikes uses cookies on its Website. Cookies are encrypted text files that the Website stores in the User's computer. Berganti Bikes uses cookies to personalise its Website and its offers to the User's needs and improve the browsing experience on its Website. Cookies are also used to know about the web pages that are most frequently visited and so improve their content to adapt them to the User's interests and make access to them easier. The type of cookie used in this Website are known as “session cookies” and “permanent cookies”. Session cookies are temporary and are automatically deleted when a User leaves our Website. Permanent cookies stay on the computer hard disk until the User deletes them. Cookies are not used to collect information about visits made to other websites, or to find out Users' Personal Data apart from the details they voluntarily gives in their dealings with Berganti Bikes. Cookies do not damage the User's computer, or the computer programs and files that are stored there. In any case, the User has the option of impeding cookies from being generated by selecting the corresponding option in their internet browser. However, if a User decides to disable the use of cookies, browsing may be slower than normal.

Unless indicated otherwise, the answers to questions about Personal Data are mandatory, and missing answers means that it will be impossible to provide the bike rental service or any other service available to Users in the Berganti Bikes website.

Furthermore, when a User participates in an online survey, they may be required to provide personal information, such as data about personal characteristics. The User is free to provide this data or not. The results of the survey will only be used to improve the features and use of the Berganti Bikes Website and for no other purpose.

What does Berganti Bikes do with the data?

The Users' Personal Data is included in a computer file of Personal Data created by Berganti Bikes under its own responsibility, with the aim of maintaining and managing the contractual relationship with the User, as well as any work on information and marketing of the bicycle rental service and other related activities.

If you also reserve a hotel with us during the rental process, Berganti Bikes will share your data with the hotel where you have made the reservation. To complete your reservation, we shall transfer the reservation data for the accommodation you have requested. This data shall include your name, contact details, payment details, the names of the people who are travelling with you and any preferences you have expressed when making the reservation. If you have any queries about your reservation, we shall contact the hotel management and ask them to deal with your query.

Berganti Bikes may also use User's electronic mail addresses that have been gathered to send marketing information via electronic mail or equivalent media to those Users that have given authorisation to do so when completing the forms included in the Website. Users may at any time withdraw their consent to receiving marketing information via electronic mail or other media.

In the event that the online reservation is not made effective, Berganti Bikes shall only keep the personal data given by Users expressly for sending marketing communications via electronic mail or any similar media, as long as said consent is not withdrawn, while the other data provided shall be cancelled as it is no longer valid for the purposes for which it was gathered, in accordance with the legislation currently in force on data protection.

Providers of third party services: we may use third party service providers to process your personal data on our behalf. This process is carried out for a number of reasons, such as to send marketing material. Third party service providers work under confidentiality clauses and they are not permitted to use your personal data for any other purpose.

Payment providers and (other) financial institutions: when a request is made to return a reservation, either by you or by the holder of the credit card used to make the reservation, we will have to share certain details with the payment services provider and with the financial institution to manage said return. We shall also share information with the relevant financial institutions if we consider it strictly necessary to detect or prevent fraud.

Competent authorities: we shall share your personal data with government agencies when required to do so by law or when it is strictly necessary to prevent, detect or take legal action with regard to criminal offences and fraud.

Notwithstanding the foregoing, considering that Berganti Bikes offers a range of services via its Website, Users should also carefully read the Terms and Conditions that apply to the requested services, so as to be aware at all times of the treatment your data receives in the event that said Terms and Conditions give provisions that are different from those established herein.

In any case, to exercise your rights to access, rectification, cancellation and opposition, please send an electronic mail letter to info@bergantibikes.com or send a postal letter specifying the request with an attached photocopy of the National Identity Card or Passport of the interested party, to the address below: Avd. Bartolomé Riutort 59, Can Pastilla 07610.

How does Berganti Bikes protect your data?

Berganti Bikes undertakes to comply with its obligation of secrecy with regard to Personal Data and its duty to safeguard them and take the necessary measures required by the relevant legislation to prevent their unauthorised alteration, loss, treatment or access, in line at all times with the state of the art of the technology, such as the SSL security protocol.

Our commitment to data security

The security of your personal information is important to us. When you enter sensitive information (such as a payment card number) during any registration or reservation process, we codify the information using Secure Socket Layer (SSL) technology. We follow the generally accepted standards of the industry to protect information about personal identification and any personal data sent to us, both during transmission and after receiving it. No data transmission method on the Internet or electronic storage system is 100% secure. Therefore, although we make every effort to use commercially acceptable measures to protect your personal information, we cannot guarantee its absolute security. For this reason we ask you not enter any credit card data in a field of our websites, unless the field is specially marked for this purpose.

Modifications to the Privacy Policy

In the event that Berganti Bikes modifies this Privacy Policy, Berganti Bikes shall announce this on the Website to inform Users of any changes in the type of data that is collected, the purposes of the treatment and/or transfers to third parties. Under no circumstances shall any modifications to this Privacy Policy affect the choice made by Users with regard to the manner in which Berganti Bikes may use their Personal Data. If at any time Berganti Bikes decides to use User's Personal Data in a manner different from the ones established at the time of collection, the Users shall be notified by electronic mail to ask for their consent to do so.

TERMS
AND CONDITIONS
Terms and conditions, bikes

1) Rental contract. The contract is entered into by Berganti Bikes (company of Isaac Cruz González) and you, who appears as the lessee of the material (bicycles, accessories, extras, etc.) in the rental contract.

2) The reservation.
  1. a.To make an online reservation of the bicycles and the other material, you should pay 15% of the total price via our POS terminal. The other 85% should be paid when the bicycles and other material are collected.
    1. Cancelling the reservation. You should contact us by electronic mail to cancel your reservation. If you inform us of said cancellation with at least 30 days’ notice prior to the collection date, we shall return all the reservation money. Said amount shall not be refundable if you notify us of the cancellation with less than 30 days’ notice. If we receive no notification by you before the date the reservation commences, the bank shall charge you the other 85% of the reservation.
  2. To complete the reservation at our offices, you should pay the 100% when the contract is signed and the bicycle(s) and other material are collected.

3) Documents required. When you collect the bicycle(s) and other material, you should present a valid and currently effective identity document. You can present your Spanish national identity card, foreign residency permit or passport. A driving licence or credit/debit card shall not under any circumstance be accepted as a valid document

You will also be asked to give details about your accommodation, name of hotel, address and room number.

4) Collection and return point The bicycle(s) and other material shall be delivered and returned at Berganti Bikes in Avd. Bartolomé Riutort 59, Can Pastilla 59, or at a place agreed between the parties.

5) The material. Berganti Bikes shall provide you with the bicycle(s) and other material (pedals, helmets, GPS, shoes, etc.) in perfect condition. You should return all the material in the same condition as they were when they were received, apart from habitual wear and tear (wheels, brakes, etc.).

When the bicycle(s) and other material are returned, the staff of Berganti Bikes shall check them to confirm their condition. If there are any breakages or damage, you are obliged to pay the recommended retail price plus labour to replace or repair each damaged part.

6) Rental period. You are responsible for the bicycle(s) and other material during the rental period.

  1. The rental period commences when you collect the material and ends when a member of the Berganti Bikes staff receives it.
  2. You should return the material during office opening hours
  3. If you breach the contracted period, you are obliged to pay a penalty of 50€.
  4. If the bicycles and the other material are returned before the end of the contracted period, you shall not be returned any amount for the remaining time

7) Costs. You should pay the amount indicated in the rental contract. This sum shall be paid when the bicycle(s) and other material are delivered. You are also obliged to pay any extension to the rental period. You will also have to pay the costs of any damage or theft that might occur.When you sign this rental contract, you accept that we shall charge your payment card for all the costs incurred during the rental period.

8) Use of the bicycles(s) and other material.

  1. You should:
    1. Ride the bicycle(s) with due care and skill. Riding with respect and care for others is essential
    2. Use the bicycle(s) in accordance with Spanish law. Always respect the road and traffic regulations.
    3. Use the bicycle(s) legally and for legal purposes.
    4. Use the security measures and safeguards provided by Berganti Bikes. You are obliged to use said measures whenever you are not using the bicycle(s) Berganti Bikes recommends that you pass the lock through the frame, saddle and wheels, and attach the lock to a fixed object or parking site designed for parking bicycles.
    5. Stop using the bicycle(s) when you detect a problem with them. Inform Berganti Bikes of the problem as soon as possible.
  2. You should not:
    1. Use the bicycle(s) for commercial purposes.
    2. Tow other vehicles with the bicycle(s).
    3. Transport inflammable, explosive, corrosive or combustible substances.

9) Accidents, theft and damage.

  1. You should immediately inform the police, and Berganti Bikes at the earliest opportunity if you have been involved in an accident.
  2. If you lose the bicycle(s) and/or the other material, if it is stolen or damaged, you are obliged to pay the total price of the bicycle(s) or the material at their RRP.

10) You hereby declare that you are in perfect health and that you know how to use the bicycle(s) and other rented material.

11) You hereby declare that you have not taken drugs, alcohol, dangerous medicines or other prohibited substances prior to renting the bicycle(s) and other material.

12) You must be of legal age to enter into this contract. If you are under age, you must be accompanied by a person of legal age who should give their express authorisation.

13) You are responsible for taking out an insurance policy against any risks involved in using the bicycle(s). Berganti Bikes shall not be held liable under any circumstances for any accidents, injuries or deaths, or for any damage or injury caused to third parties. Berganti Bikes shall not be held liable for the loss of any personal items or for the theft of same that might take place during the rental period.

14) Applicable legislation. The application legislation governing the contract between you and Berganti Bikes is Spanish legislation and the place of jurisdiction is Palma.

Terms and conditions, hotels

1) Scope of our service. Our websites provide an online platform via which hotels can advertise their products and services for reservation, and where people who visit our website can make reservations. When a hotel room is reserved via Bergantibikes.com, a direct (legally binding) contractual relationship is established with the hotel where the reservation is made. From the moment you make your reservation, we act solely as intermediaries between you and the hotel, transmitting the reservation data and sending a confirmation e-mail in representation of the hotel.

When we provide our service, the information we show is based on the information given to us by the hotels. As such, the hotels have access to an extranet by which they are totally responsible for updating prices, availability and any other data that appears on our website. Although we make every effort to ensure that our Service is as precise as possible, we cannot verify or guarantee that all the information is exact, complete or correct. We may not be held responsible for any errors (such as manifest or spelling errors), interruptions (due to crashes (temporary and/or partial) of the server or to repairs, updates and maintenance of our website or to other reasons), imprecise, false or misleading information, or any lack of information. Each hotel is responsible at all times for the accuracy, exactness and correctness of the information (descriptive and referring to rates and availability) that appears on our website. Our website does not constitute nor should it be regarded as a recommendation or promotion of the quality, level of service, score or classification (by stars) of any hotel (or the facilities, surroundings, products or services) that are available.

2) Advance payment, cancellation, no show and factors to be borne in mind

When making a reservation with a hotel, you accept their conditions of cancellation and no show, along with the other additional terms conditions (delivery) of said hotel that might affect your reservation or stay. The services and/or products offered by the hotel are included here (consult the terms and conditions of delivery directly in said hotel). Bear in mind that some special rates and offers do not allow for changes or cancellations. In the event of a no-show (guest does not arrive) or cancellations with charges, the hotel may apply a tourism/municipal tax. Bear in mind that a reservation that requires payment of a deposit or advance payment (total or partial) may be cancelled (without the need of prior notice) at the time in which the (the other) amounts pending payment may not be fully charged on the relevant date, in accordance with the payment conditions of the hotel and the reservation conditions. The conditions of cancellation and advance payment may vary according to the type of room. Delays in payment, incorrect bank details, credit or debit card data, invalid credit or debit cards or cards with insufficient balance are your responsibility and you may not be refunded or reimbursed with the advance payment (in non-refundable accommodation) if any of the above circumstances arise, unless the hotel accepts it or permits it in its conditions of cancellation and payment (in advance).

If you are going to arrive late or with a delay on the day you check in to the hotel or if you arrive the following day, make sure to inform the hotel (quickly and in due time), so that they know when you arrive and so avoid any cancellation of your reservation or room or a surcharge for a no-show.

3) Liability release. In accordance with the limitations contained in the terms and conditions, and inasmuch as it is permitted by law, we shall only be held responsible for any direct damages that you suffer, pay or contract as a result of defects attributable to our obligations with regard to our services, up to the total amount of the cost of reservation, as indicated in the confirmation e-mail.

However, and inasmuch as it is permitted by law, neither we nor any of our directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliates, licensees, attorneys or other persons involved in the process of creation, sponsorship and promotion of the website and the contents of same shall be held liable for: (i) punitive, special, indirect or consequential damages, loss of production, profits, income, contracts, or any damages of clients or reputation and reduced demand; (ii) errors relating to the description of the information (including information about prices, availability and classifications) of the Supplier on our Platform; (iii) services provided or products offered by the Supplier or other business partners; (iv) damages or costs (direct, indirect, consequential or punitive) that you undergo, contract or pay, arising from or relating to use, non-availability or delay of our Platform; or (v) any type of damage (personal), death, damage to property or other damages, losses and costs (direct, indirect, consequential or punitive) that you undergo, contract or pay as a result of acts (legal), errors, infringement, negligence (evident), deliberate professional misconduct, omissions, breaches, misrepresentation, liability that is strictly non-contractual or (completely or partially) attributable to the Supplier or to other business partners (including any employees, directors, staff, attorneys, representatives or affiliated companies of same) whose products or services (directly or indirectly) are available, offered or promoted in or via our Platform, including any cancellation (partial), overbooking, strike, force majeure or other act that is beyond our control.

Both if the hotel has charged you for the room, product or service, or if we have facilitated payment of the price (of the room/reservation), you accept that the hotel is at all times responsible for collecting, withholding, issuing and paying the taxes for the total sum of the price (of the room/reservation) with regard to the appropriate tax agency. Bergantibikes.com is not responsible for issuing, withholding or paying the taxes on the price (of the room/reservation) to the appropriate tax agency. Bergantibikes.com does not operate as the official seller of any hotel product available on our website.

COOKIES
POLICY

Berganti Bikes uses cookies on its Website. Cookies are encrypted text files that the Website stores in the User's computer. Berganti Bikes uses cookies to personalise its Website and its offers to the User's needs and improve the browsing experience on its Website. Cookies are also used to know about the web pages that are most frequently visited and so improve their content to adapt them to the User's interests and make access to them easier. The type of cookie used in this Website are known as “session cookies” and “permanent cookies”. Session cookies are temporary and are automatically deleted when a User leaves our Website. Permanent cookies stay on the computer hard disk until the User deletes them. Cookies are not used to collect information about visits made to other websites, or to find out Users' Personal Data apart from the details they voluntarily gives in their dealings with Berganti Bikes. Cookies do not damage the User's computer, or the computer programs and files that are stored there. In any case, the User has the option of impeding cookies from being generated by selecting the corresponding option in their internet browser. However, if a User decides to disable the use of cookies, browsing may be slower than normal.