Article 1: Commitment of the clauses

1.1 These general conditions apply to all services provided by Bikapa and its partners. Each participant acknowledges having read the general terms and conditions and accepting them in their entirety. They are binding as a contract with Bikapa. Bikapa reserves the right to modify its terms and conditions, the online version on the website of Bikapa is the reference.

Article 2: Services

2.1: Bikapa will endeavour to follow the planning of the tours and will take into account the weather conditions, the state of the terrain, the form and the level of the participants. Changes can be made even at the last minute in order to ensure that the tour runs in the best possible conditions and to provide the safety of each participant. The participants understand and accept that programme can be modified and that the contract concluded remains valid as long as the services have a similar value.

2.2: Bikapa is the only party who can cancel services and give the right to exoneration the payment.

2.3: Bikapa engages to provide guided services at prices corresponding to the data published on the website or according to the agreements confirmed by mail.

2.4: Bikapa engages to provide a bike in good condition with a fully charged battery, a helmet and a lock if necessary, at the start.

Article 3: Booking

3.2: It’s recommended to register as soon as possible using the online form for each tour on the Bikapa website.

3.3: After the application has been made using the form for the chosen tour, the details of the tour and the organisation have been finalised, a confirmation is always sent by Bikapa.

3.4: The customer is also responsible for the contractual obligations of all persons mentioned in the booking.

3.5: By confirming the booking of the tour or rental, the customer and the participants accept the general terms and conditions of sale.

3.4: Any commitment involving the confirmation of a guided tour or rental requires prior payment by agreement with Bikapa.

Article 4: Payment

4.1: The prices on the Bikapa website are inclusive the tax and per person.

4.2 : The payment of the services is done in cash in Swiss francs or by TWINT before the start of the activity.

4.3 : For an amount higher than 900 CHF, a deposit of 70 % of the total is due within 5 days before the start of the tour and the rest before the start of the tour.

4.4 : For a reservation of a guided tour or a rental of less than 4 days, payment is due in cash or by TWINT before the delivery of the bike or before the start of the activity.

4.5 : When registering via the contact form, the website rate can be modified according to the request.

4.6 : The amount of the rental of the bike is due as from taking the bike by the hirer.

Article 5 : Cancellation

Cancellation by the client :

5.1 : Once the reservation has been made and confirmed, no refund will be made in the event of cancellation by the participant less than 3 days for a guided tour or for an E Bike rental.

5.2 : Cancellation must be made in writing and by email. Without writing, Bikapa reserves the right to demand the full amount of the tour or rental. 5.3 : The reference date for all cancellation declarations is the date on which we received the cancellation email.

5.4 : Refunds will only be made in the form of Bikapa vouchers. The refunded vouchers are valid for one year (365 days). It is advisable to take out cancellation insurance in order to be compensated in the event that you are unable to attend due to force majeure.

Cancellation by the organiser :

5.5: Bikapa reserves the right to cancel or interrupt an event for important weather, organisational or personal reasons.

5.6 : The participant will be entitled to a refund of the tour or will receive a voucher for the value of their reservation to be used on the service of their choice available on the Bikapa website.

5.7: Bikapa reserves the right to cancel without prior notice and without refund if a participant during the activity is not able to meet the requirements of the tour or other event due to a misjudgment of his physical, mental or health (alcohol, drugs, …) for safety reasons.

Article 6: Participant behaviour

6.1: The wearing of a standardized bicycle helmet is obligatory (provided by Bikapa, or by the participant if he has one).

6.2: At the beginning and during the tour, the guide is able to exclude a participant who doen’t seem to be able to the expected level, who wouldn’t have respected his obligations of payment of the activity in time or who, in spite of a warning, disturbs in a persistent way the progress of the tour or reaches the private life of the other participants. The participant himself is responsible for the return journey. The organiser retains the right to payment of the service.

Article 7 : Insurance

7.1: The participation in Bikapa tours is done under the responsibility of the participants. Bikapa declines all responsibility in case of accident. Each participant is required to have accident insurance and Civil Responsibility (CR).

7.2 : For international clients, it’s recommended to have an assistance, repatriation and medical expenses insurance as well as a complementary health insurance abroad. Before leaving for a guided tour, check with your insurer that your insurance policy covers the chosen destination and includes rescue and repatriation costs. Please note that the insurance linked to certain bank cards doesn’t always cover rescue.

Article 8 : Liability

8.1 : Bikapa endeavours to offer the best conditions of safety and supervision on each service. However, mountain biking remains a risky sport and the mountain is a dangerous environment. By registering, the participants acknowledge that they are fully aware of these risks and waive all claims and lawsuits against Bikapa for possible bodily injury, death and material damage in the event of a risk occurring.

8.2 : It’s the responsibility of the participant to listen to the instructions and precautions given by the guide.

8.3 : The participant is responsible for complying with national traffic regulations.

8.4 : The images on the Bikapa website are non-contractual.

8.5: By participating in Bikapa tours, the customer agrees to allow Bikapa to use the photos and videos on which it may appear for promotional communication purposes on social networks, the website or Bikapa’s advertising brochures.

Article 9: Intellectual property rights

9.1: The brands, domain names, products, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of Bikapa or are used with permission.

9.2: Any reproduction, modification or total or partial use of these properties for any reason whatever is strictly forbidden.

9.3: If a person wishes to establish a link to the Bikapa website, it must contact Bikapa before setting up the link to the website or its content. 9.4 : If there are links present on the Bikapa website that redirect the user to sites whose content is under the responsibility of the publishers of said websites, Bikapa is not responsible for the content of someone else.

9.5 : The information on our website is constantly checked and updated. Despite all our care, the data may have changed in the meantime. Therefore, no liability or guarantee for the topicality, accuracy and completeness of the information provided can be assumed.

Article 10: Rental and rates of the equipment

10.1: The rates are based on the number of days the hirer has used the rented equipment. In case of delay in returning the rented equipment, the amount equivalent to the additional rental period is due.

Article 11: Liability and material damage

10.1: Bikapa guarantees quality and recent rental equipment in perfect condition. The hirer undertakes to use the equipment in an appropriate and careful manner, whether it’s a guided tour or a rental.

10.2 : During a guided tour, the accompaniment includes the assistance. The guide is a qualified bike mechanic.

10.3 : The hirer is entirely responsible for the rented equipment whether it is a guided tour or a rental.

10.4 : In case of damage to the bike, theft or mechanical problems, misuse of the equipment, a broken chain, material damage following a fall, the hirer will notify Bikapa directly and the repair will be charged as the cost of restoring the equipment at the expense of the user at fault (liability insurance).

10.5 : In the rental contract, it’s explicitly stated that the price doesn’t include insurance. This implies that in case of accidents or theft, you will be responsible for the full amount of the compensation of the electric bicycle.

10.6 : In case of a puncture, the hirer will use the repair kit provided (10 CHF if used).

10.7 : A completely discharged battery is not considered a mechanical problem, as the bicycle is still functional.

10.8 : In the case of rental, bicycles may only be transported on a bicycle rack adapted to the weight of an electric bicycle (23 kg) or in a van if the bicycle is sufficiently protected by foam.

Article: 12 Transport

12.1: Unless explicitly agreed otherwise in writing by Bikapa, the costs of transporting the rented equipment shall be borne by the hirer.

Article 13: Gift vouchers

13.1: No refund or compensation will be given if the time limit for using the gift voucher has been passed. The vouchers have a respective value on the different Bikapa services. They are valid for one year (365 days).

13.2 : The gift vouchers are ordered on request by e-mail or by telephone. They are sent by digital format or by letter after receipt the payment.

Article 14: Law

14.1 : The driving of an electrically assisted bicycle is forbidden for those under 14 years of age. From 14 to 16 years of age, the M licence is required and from 16 years of age onwards the use is free.

14.2 : Bikapa’s bicycles offer pedalling assistance up to 25 km/h. On the road, the signage governing these bikes is the same as for traditional bikes. 14.3: An engaged front light is mandatory during the day.

Jurisdiction:

The place of jurisdiction is CH – 1800 VEVEY (Switzerland). Swiss law applies.