18, 19, 20 & 21

November 2021

General Sales & Conditions

Introduction: Marbella 4Days Cycling

All reference to the ‘Marbella 4Days Cycling” refers to Clear Focus SL, organising Marbella 4Days Cycling, its subsidiaries and affiliates, events, all products (VIP pass & memberships included), all services (paid and/or free), its staff, volunteers, employees, subcontractors, agents and representatives.

These General Sales Conditions (hereafter: “GSC”) form an integral part of the contract between the Client and Marbella 4Days Cycling. The rights and obligations of the Client and Marbella 4Days Cycling are based on the individual written contract, the present GSC and legal regulations. The information contained in Marbella 4Days Cycling publications is also to be taken into account.

  1. Offer description

The Marbella 4Days Cycling Offer is composed of the following Products:

1.1. The Marbella 4Days Cycling Sportive made of (1-2) locations and one (1) event as listed in Section 2 hereafter.

1.2. The Marbella 4Days Cycling extra-services offer access to services linked to Marbella 4Days Cycling Sportive’s participation.

1.3. The Marbella 4Days Cycling VIP Pass allows its holder to benefit from several services and are entitled to a discount of 10% of the regular ticket fees for future editions. Holder needs to renew every year to keep benefits.

1.4. Extra-services, such as accommodation packages, “friends & family” packages and any other paying option not included in the event entry fees, are not included in the Marbella 4Days Cycling Ticket or VIP Pass and need to be purchased separately.

  1. Marbella 4Days Cycling – 2021

Marbella 4Days Cycling, Andalusia, Spain 18-21 November

IMPORTANT: This list is subject to modifications.  Marbella 4Days Cycling retains the right to add new events to the list or cancel events in the conditions stated in Section 14 hereafter.

  1. Conditions of sale

3.1. Period of sale:  Marbella 4Days Cycling (VIP Pass included) are on sale from March 1st, 2021 – November 17th or until the annual quota of entries, extra-services packages and/or VIP Pass for sale are reached and publicly announced by Marbella 4Days Cycling as “Sold Out”.

3.1.1. No exception will be made to this rule, and therefore no extra quotas will be added. Nevertheless, Marbella 4Days Cycling keeps the right to organize a waiting list to propose entries, extra-services packages and/or VIP Pass in case of Clients’ cancellation.

3.1.2. IMPORTANT: The Marbella 4Days Cycling Products (VIP Pass included) are sold on a first-come, first-served basis.

  1. Placing an Order

4.1. At the time of the order, the Client must be 18 years of age or over.

4.2. The Client may place an Order by filling in the Order Form on the Marbella 4Days Cycling Web Site after logging into or creating a personal account and clicking on the “Register” button. Marbella 4Days Cycling will not accept Orders placed in any other way than those listed above.

4.3. When the Client places an Order, Marbella 4Days Cycling will issue a Web Confirmation Order Number. Marbella 4Days Cycling will do this via the Marbella 4Days Cycling Web Site.

4.4. By placing an Order, the Client makes an offer to Marbella 4Days Cycling to purchase the Products which the Client has selected on these terms and conditions. Marbella 4Days Cycling may or may not accept the Client’s offer at Marbella 4Days Cycling discretion.

4.5. If Marbella 4Days Cycling accepts the Client’s Order, Marbella 4Days Cycling will notify the Client of its acceptance by issuing an Order Confirmation. Marbella 4Days Cycling will send the Client’s Order Confirmation to the Client by e-mail on the one indicated on the Client’s Order Form. The Order Confirmation will be effective in sending. If Marbella 4Days Cycling cannot accept the Client’s Order, Marbella 4Days Cycling will attempt to contact the Client by email or telephone.

4.6. The Contract is concluded between the Client and Marbella 4Days Cycling. As a contractual partner of Marbella 4Days Cycling, the Client is responsible for all participants it/he/she registers by its Order. These GSC are binding for all participants.

4.7. Whilst Marbella 4Days Cycling will make every effort to supply the Client with the Products listed on the Order Confirmation; there may be occasions where Marbella 4Days Cycling is unable to supply these Products. In such circumstances, Marbella 4Days Cycling will contact the Client to inform him/her and may suggest alternative Products that the Client might wish to purchase.

4.7.1. If the Client accepts Marbella 4Days Cycling’s suggestions, then Marbella 4Days Cycling will send the Client a revised Order Confirmation.

4.7.2. If Client does not accept Marbella 4Days Cycling’s suggestions, then Marbella 4Days Cycling will cancel Client’s Order concerning those Products if Marbella 4Days Cycling cannot supply and repay Client’s any money that he/she has paid in respect of those Products. Repayment of such monies will be the extent of Marbella 4Days Cycling’s liability to Client if Marbella 4Days Cycling cannot deliver to Client the Products he has ordered.

4.8. Information contained in Marbella 4Days Cycling advertising, brochures, other written materials on Marbella 4Days Cycling web site or given to Client by Marbella 4Days Cycling’s agents’ employees constitutes an invitation to treat. No such information constitutes an offer by Marbella 4Days Cycling to supply any Products.

4.9. Marbella 4Days Cycling is not liable for Order errors that are attributable to the Client or which are caused by unavoidable and extraordinary circumstances.

  1. Prices

5.1. The price for the Products will be the price indicated on the Client Invoice.

5.2. Delivery costs, Handling Cost and such, when applicable, are payable as indicated on the Client Invoice.

5.3. In case of subsequent increases of the actual costs incurred, Marbella 4Days Cycling reserves the right to increase the purchase price of the package after the conclusion of the contract, in particular in the following cases:

5.3.1. Increase in transportation costs, including the cost of fuel

5.3.2. Increase and/or the introduction of taxes and/or duties (e.g. tourism taxes, official fees, increase in VAT, etc.)

5.3.3 Modifications to the exchange rates applied to the particular package

5.3.4. Billing and/or publication errors

5.4. Price increases can be requested no later than twenty (20) Business Days before the planned start of the Event. If the price increase is more than 8 % of the Event’s price, the Client has the right to withdraw from the contract free of charge within five (5) days of notification of the price increase.

5.4.1. In this case, the customer is free to take a replacement Event as far as this is possible. If the replacement Event is of lower quality than the contractually agreed Event, the Client may demand compensation for the reduced value.

5.4.2. Any other claim is excluded.

5.5. If the Client terminates the contract in whole or in part during the Event, he is not entitled to a refund of the purchase price.

  1. Paying your Products

6.1. The Marbella 4Days Cycling Products are only sold in Euros. Currency has to be made based on the Client’s Country of Residence.

6.2. Client may pay for Client’s Products by payment methods as may be displayed on the payment section of the Marbella 4Days Cycling Web Site.

6.3. If the Client is paying by credit card, the Client must supply credit card details when the Client places his Order. The client’s credit card will be charged when Marbella 4Days Cycling issues Client’s Invoice. Marbella 4Days Cycling reserves the right to verify the credit card holder’s identity by requesting appropriate documentation.

6.4. Marbella 4Days Cycling will send a request for payment, Invoice, and Products at the billing address indicated on Order Confirmation. Marbella 4Days Cycling may, however, only send the documents by e-mail where the Client has indicated an e-mail address on the Order Form.

6.5. If the terms of payment are not respected, Marbella 4Days Cycling has the right to cancel the trip and charge cancellation and administration fees in the conditions of Section 10 hereafter.

  1. Purchase confirmation

7.1. After each purchase made on the Marbella 4Days Cycling e-commerce platform, the Client will receive a confirmation email with his Invoice and his Order’s detail.

7.2. In addition, the Client will have access to his historical background and details information on his Client Account space.

7.3. IMPORTANT: VIP Pass Members are informed that their membership does not guarantee availability on all events at all time. Members are informed that Marbella 4Days Cycling events could be sold-out very early after the registrations open.

7.3.1. VIP Pass Members will have to confirm their presence at an event no later than two months before such an event. Not confirming the presence at an event in the said deadline will result in the participation being cancelled.

7.3.2. To do so, Marbella 4Days Cycling will send an automatic email to VIP Pass members, inviting them to click on a “confirmation” box.

  1. Specific Event Registration Conditions

8.1. The Marbella 4Days Cycling Registered Clients are informed that Marbella 4Days Cycling can require specific conditions to register. These conditions are mentioned in the Rules and Regulations of this Event and listed in the menu – Event information section of the website.

  1. (non)Transferable Products

9.1. The Marbella 4Days Cycling (entries) & Extra-services are nominative. They can be transferred to anyone else and/or to the next years, solely under agreed circumstances and only is valid after confirmation by Marbella 4Days Cycling. Each Event & Extra-Service are issued in the Client’s name and can be used by the Client (name on the ticket must be the same as official identity card). Identity checks will be made systematically on the registration day of each event. Transfers can be requested no later than five (5) Business Days before the planned start of the Event.

9.1.1. Any unauthorized use of the Marbella 4Days Cycling (entries) & Extra-services will result in immediate cancellation of the entry and extra-services with no compensation of any kind.

9.2.1. The Marbella 4Days Cycling VIP Pass is an annual nominative pass. It cannot be transferred to anyone else and/or to the year after, under any circumstances. Each pass is issued in the Client’s name and can only be used by the Client. Identity checks will be made systematically on the registration day of each event.

9.2.1. Any unauthorized use of the Marbella 4Days Cycling VIP Pass will result in immediate cancellation of the pass and the immediate cancellation of the Client’s event registrations with no compensation of any kind.

  1. Modification or cancellation of an Order by Client

10.1. Client may withdraw from the Event, transfer or modify its ticket at any time prior to the Event’s start. (services orders are excluded and third party orders, such as cancellation cover, bike rental, accommodation, airport transfers, car hire, insurance etc.). The declaration of withdrawal must be made in writing. The withdrawal becomes binding as soon as it has been confirmed in writing by Marbella 4Days Cycling. The decisive date for determining the resulting cancellation fee is the date of notification of the withdrawal declaration to Marbella 4Days Cycling.

10.2. The following fees are applicable in case of modification, transfer or cancellation:

10.2.1. Administrative fees in case of modification or transfer: 35 Euros

10.2.2. Administrative fees in case of cancellation: 35 Euros

10.2.3. Cancellation fees:

Up to 6 months before the commencement of service – 20% of the ticket price

Up to 4 months before the commencement of service – 40% of the ticket price

Up to 2 months before the commencement of service – 60% of the ticket price

Up to 1 month before the commencement of service – 100% of the ticket price

10.2.4. Cancellation fees at any time for VIP Passes, Services, Special Offers, Discounted programs, merchandise and all available via our website and webshop 100% of the service price.

10.3. If the Client cancels the Contract in whole or in part, other than in the deadlines provided above under 10.2.3, he/she is not entitled to a refund of any kind.

10.4. The terms and conditions of Sections 14 and 15 hereunder are reserved.

10.5 The cancellation fees for tickets will become 0% with our Cancellation Cover of €10 per day, with a minimum of  €15 for 1-day and the Best deal at €35 for 4-day tickets. Fees for Administration & Services will remain the same. You can find more details of our Cancellation Cover in our General Sales Conditions.

  1. Insurance

11.1. Marbella 4Days Cycling proposes a “Personal Accident insurance” solution with a Third-Party partner. Therefore, if the Client opts for such an insurance solution, the Client needs to check the dedicated Terms & Conditions before the payment confirmation.

11.2. There is no cancellation insurance available for Infinity Pass clients.

11.3. All Clients may, at their own discretion and expense, obtain personal insurance for loss, injury or damage that they might sustain arising from participation in the Marbella 4Days Cycling event. Clients ride at their own discretion and accept any injury or illness brought by their practice.

  1. Scope of the services

Marbella 4Days Cycling Event: The following services are included in the price of the format Client has chosen (4-day, 3-day, 2-day or 1-day). For more details, check the following link: https://www.marbella4dayscycling.com/register

12.1. Marbella 4Days Cycling extra-services: The following extra-services are proposed to the Client:

12.1.1. Accommodation packages (at different standards and pricing)

12.1.2. Transportation packages (from airport to the accommodation, no travel packages)

12.1.3. Car rental, Bike rental, Technical Road Service Cover.

12.1.4. IMPORTANT: Marbella 4Days Cycling could add additional services during the year at a later stage.

12.2. VIP Pass:

12.2.1. The benefits provided by the VIP Pass may include additional services proposed during the entire series of the Event by Haute Route and/or Haute Route partners.

12.2.2. In addition, all services provided at each event will be automatically included for free for VIP Pass Holder (massages, meals…) with the exception of the Marbella 4Days Cycling Apparel (one kit per Infinity Pass Member and season). For more information, please refer to the Event dedicated page on our official website: www.marbella4dayscycling.com

12.3. Special case for accommodation facilities (Accommodation packages): The availability of accommodation facilities indicated in the service descriptions (e.g. sports and wellness facilities, conference rooms) cannot be guaranteed. Some facilities may not be open due to COVID-19 restrictions, not located in the immediate proximity of the accommodation and/or provided by third parties.

  1. Suspension and Cancellation/Termination

13.1. In the event of a substantial error at the time of the contract’s conclusion, particularly in the case of errors of calculation and/or publication of the Event price, Marbella 4Days Cycling is entitled to terminate the contract. The Client is entitled to a refund of the payments made.

13.2. If the minimum number of participants for an Event is not reached, Marbella 4Days Cycling is entitled to cancel the contract up to twenty (20) Business Days before the Event’s planned to start at the latest. The Client is entitled to a refund of the payments made. The Client is also entitled to choose an alternative Event whenever possible. Further claims for compensation are excluded.

13.3. Marbella 4Days Cycling (events):

13.3.1. Termination by Marbella 4Days Cycling: If Marbella 4Days Cycling cancels the Event more than twenty (20) Business Days from the Event Date, Haute Route shall return the full amount of any deposits and pre-payments to the Client made, according to the amount invoiced to Client. No compensation will be given to the Client for other costs (direct or indirect) related to the purchase of any of the product of the Marbella 4Days Cycling  (transportation fee, accommodation (if not taken with and paid to Marbella 4Days Cycling/Clear Focus SL), family friends expenses (travel, hotels) except linked to a Friends & Family product offered by Marbella 4Days Cycling.

13.3.2. Late Termination by Marbella 4Days Cycling: If Marbella 4Days Cycling cancels the Event less than twenty (20) Business Days from the Event Date, Marbella 4Days Cycling shall return the full amount of any deposits and pre-payments to the Client made according to the amount invoiced to. No other compensation will be given to the Client for other costs (direct or indirect) related to the purchase of any of the product of the Marbella 4Days Cycling  (transportation fee, accommodation (if not taken with and paid to Marbella 4Days Cycling/Clear Focus SL), family friends expenses (travel, hotels) except linked to a Friends & Family product offered by Marbella 4Days Cycling.

13.4. For VIP Pass Clients, Marbella 4Days Cycling shall have the right to suspend participation, or cancel the membership, if a Member (i) fails to pay its annual fees on time or (ii) violates any of the Marbella 4Days Cycling Rules and Regulations and fails to correct that breach within ten (10) days of notice from Marbella 4Days Cycling or the Marbella 4Days Cycling staff, or (iii) substantially, flagrantly or repeatedly violates any of the Marbella 4Days Cycling Rules & Regulations. No refunds of membership fees or other payments will be given.

13.5. If the Client or a participant under his/her responsibility makes the contract’s continuation intolerable for Marbella 4Days Cycling due to inappropriate behaviour, Marbella 4Days Cycling is entitled to withdraw from the contract or to terminate it. Inappropriate behaviour is also considered to include the fact that the Client’s medical condition is clearly not consistent with the conditions indicated in the Event’s description or the conditions assumed in good faith. In those cases, the Client must pay the treatment and cancellation fees.

  1. Force Majeure

14.1. Marbella 4Days Cycling shall not be liable hereunder because of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, earthquakes, explosions, acts of God, epidemic, pandemic, war, governmental action, governmental change of rules & regulations COVID-19, labour conditions, or any other cause which is beyond the reasonable control of Marbella 4Days Cycling.

14.2. In the above-mentioned cases, the services’ descriptions in the general publications of Marbella 4Days Cycling are not binding. The Client is not entitled to a refund of the purchase price in case of limited or reduced service provision due to an unforeseen and unavoidable event (force majeure). Any other claim for compensation on any grounds whatsoever will be denied. If the Clients has the Cancellation Cover, refunds will be accepted. See 10.5

14.3. In the above-mentioned cases, Marbella 4Days Cycling has the right to withdraw from or terminate the contract.

14.3.1. If the contract is cancelled before the start of the event, the Client may choose a replacement Event as far as possible and agreed with Marbella 4Days Cycling.

14.3.2. In the event of cancellation after the start of the Event, any replacement Event and claims for compensation by the Client are excluded, particularly compensation for additional costs (e.g. flight or hotel costs).

  1. Claims

15.1. Obligation of immediate claim: In the case of claims during the Event, the Client must immediately inform the Service Provider and the Marbella 4Days Cycling Admin Staff. Marbella 4Days Cycling will do its best to find appropriate solutions. If no appropriate solution can be found on the spot, the Client must obtain written confirmation from the Service Provider or Marbella 4Days Cycling Admin Staff (facts, list of defects). However, the Service Provider and the Marbella 4Days Cycling Admin Staff are not authorized to recognize requests made by the Client.

15.2. Client compensation claims: The Client must notify Marbella 4Days Cycling in writing with the confirmation indicated in 16.1 within 30 days of the end of the Event. In the absence of notification and/or confirmation in accordance with point 16.1, the Client is not entitled to any compensation.

15.3. If any of the Services are not performed in accordance with the Contract, Marbella 4Days Cycling shall remedy the lack of conformity, unless that is impossible or entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected.

15.4. Client may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the Contract or if the price reduction granted is inadequate.

  1. Contracts

16.1. Marbella 4Days Cycling is responsible to the Client for the proper execution of the contract, regardless of whether the services due are to be provided by itself or by other service providers. (excluding car rental, bike rental, accommodation, transport & catering)

16.2. Except for member’s dues commitment, or in cases of willful misconduct or gross negligence, or where required by applicable law, the aggregate liability of Marbella 4Days Cycling to Clients and other parties shall not exceed the past 12 months membership fees paid by the VIP Pass members to Marbella 4Days Cycling.

16.3. Liability for all damages other than personal injury is limited to twice the Event’s price for each contract.

16.4. Marbella 4Days Cycling is not liable if the non-performance or non-contractual execution of the Event’s contract is due.

16.4.1. Failure by the client (e.g. non-compliance with entry requirements, non-transportation due to pregnancy, criminal sanctions).

16.4.2. Unpredictable or unavoidable failures by third parties (e.g. delays by transport companies, strikes, disruptions in the provision of services by third parties)

16.4.3. Unpredictable or unavoidable circumstances or force majeure (e.g. war, natural disasters, withdrawal of landing rights, authorities’ provisions, lack of driving licenses, epidemics and pandemics and associated official measures)

16.5. In all cases, Marbella 4Days Cycling’s liability is limited to the sums resulting from international conventions or national laws in force. In such cases, a more extensive liability of Marbella 4Days Cycling is excluded.

16.6. Assignment of claims for damages and/or compensation: If Marbella 4Days Cycling compensates the Client for damage caused by a Service Provider, the Client’s claims for compensation against the Service Provider can not be transferred to Marbella 4Days Cycling.

  1. Privacy and data

17.1. By placing an Order, the Client agrees that Marbella 4Days Cycling may store, process and use data collected from the Client Order Form to process the Client’s Order. Some of the information Client provides to Marbella 4Days Cycling will be passed to the companies Marbella 4Days Cycling uses for some Extra-Services Products to the Client. If Client so indicates on the appropriate section of Client’s Order Form, by placing Client Order, Client also agrees that Marbella 4Days Cycling may transfer such data to other companies in the Marbella 4Days Cycling/ Marbella 4Days Walking Ass, Marbella 4Days Running, Clear Focus SL – group of companies or to companies whose products are available for purchase on the Marbella 4Days Cycling Store in order to provide Client with information from time to time on other products and services that may be of interest to Client. If Client does not agree to Marbella 4Days Cycling transferring such data to such companies in order to provide Client with information on other Marbella 4Days Cycling or third-party products and services, Client should indicate his non-agreement in an email to support@marbella4dayscycling.com within 2 business days after the order has been placed. The client may obtain a copy of the data held by Marbella 4Days Cycling concerning the Client on request in writing. Marbella 4Days Cycling reserves the right to charge an administration fee for processing such request if it is manifestly unfounded or excessive, in particular, because of their repetitive nature. If any data held by Marbella 4Days Cycling concerning Client is incorrect, Marbella 4Days Cycling will correct it on Client’s written request.

17.2. Marbella 4Days Cycling acts in accordance with GDPR European Data Regulation law and will not pass on or sell your personal information and have no intention of sharing your data with third parties for marketing purposes.

17.3. To view how Marbella 4Days Cycling handles data, visit our PRIVACY POLICY.

  1. Applicable law and place of jurisdiction

18.1. The contractual relationship between the Customer and Marbella 4Days Cycling is governed exclusively by Spanish law.

18.2. Subject to imperative legal regulations (notably the Spanish Code of Civil Procedure), the place of jurisdiction is given by the legal headquarters of Marbella 4Days Cycling- Clear Focus SL.

18.3. Before any potential litigation, the parties are free to consult the Ombudsman of the Spanish Travel Industry (http://ennhri.org/our-members/spain/) in order to reach an out-of-court agreement

  1. Others

19.1. Authentic language: In case of differences in interpretation due to different wording in the different language versions, the English version shall prevail.

19.2. Invalidity of a clause: Should one or more of the above clauses be or become invalid, this shall not affect the validity of the remaining clauses.

19.3. Marbella 4Days Cycling may modify the GSC unilaterally at any time. It publishes the current version of the GSC electronically.

Marbella 4Days Cycling – Clear Focus SL

C.C. Biarritz, local 5 – 8B

29688 Estepona, Malaga,

SPAIN.

support@marbella4dayscycling.com