GENERAL CONDITIONS OF BOOKING AGREEMENT
“Amber”: AmbraRoute kft (VAT no. 14118007-2-18), the person of its ‘pro tempore’ legal representative, based in 9700 – Szombathely Kiskar utca 1.2. emelet 8 (Hungary).
“Kheper21”: the brand created by Ambra for services related to travel experiences.
“Consumer”: pursuant to Directive 2011/83 / EU, on consumer rights, we mean the natural person who acts for purposes unrelated to any business, commercial, craft or professional activity that may be carried out.
“Professional”: pursuant to Directive 2011/83 / EU, we mean the natural or legal person who acts in the exercise of their business, commercial, craft or professional activity, or an intermediary.
“Experience”: excursions and guided tours, which can be carried out by e-bike, which the User can book through the portal. In the plural, we mean both Experience and Personalized Experience.
“Personalized Experiences”: excursions and guided tours created based on the specific requests of the User.
“E-bike”: bicycle with assisted pedalling, used for carrying out the Personalized Experience / Experience.
“User”: The Consumer or the Professional who books the Experiences present within the portal, or the Personalized Experiences.
“Participant”: the natural person who participates in a Personalized Experience / Experience.
“Reservation”: the reservation by the User of a Personalized Experience / Experience.
“Booking Request”: the sending by the User of a specific request to verify the possibility of booking a Personalized Experience / Experience for the date from the same choice.
“Booking Confirmation”: the summary of the Booking sent by email to the User.
“Receipt”: summary document of the Personal Experience / Experience, which the User must print and present upon check-in (at the meeting point for the trip).
“General Condsitions”: these general conditions of the booking contract.
It is specified that, to the terms listed in this point, only the meaning indicated by each definition can be attributed.
The titles assigned to each article are inserted for reference purposes only and have no influence on the interpretation of these General Conditions.
These General Conditions regulate the reservation by the User of the Experiences present in the portal referred to on the site www.kheper21.com, against payment by the User, in favour of Amber, of the cost of the Reservation.
3. Customer information
3.1 In accordance with art. 5 of Directive 2000/31 / EC, the property of the website www.kheper21.com is owned by the company AmbraRoute kft (VAT no. 14118007-2-18), in the person of its pro tempore legal representative, based in 9700 – Szombathely Kiskar utca 1.2. emelet 8 (Hungary).
3.2 In addition to the mandatory information above, it is indicated below that, pursuant to Directive 2000/31 / EC, the identification data of the company are as follows: AmbraRoute kft (VAT no. 14118007-2-18), in the person of the lawyer pro tempore representative, with registered office in 9700 – Szombathely Kiskar utca 1.2. emelet 8 (Hungary), with share capital of HUF 4.000.000 ordinary e-mail address: firstname.lastname@example.org.
3.3 The registered office and the contact details indicated in the previous paragraph are taken as the address where the User can send any communications and / or complaints.
4. How to Book
4.1 The User, in order to book an Experience, connects to the site www.kheper21.com and, by clicking on the “All trips” button, present on the top bar, accesses the portal.
4.2 Within the portal, the User can find the Experiences and their itineraries, where the name, duration and minimum cost are indicated.
4.3 By clicking on the “View trip details” button, the User displays the description of the Experience, its duration, the difficulty level, the sites that can be visited, the expenses included and excluded in the cost of the Experience and the recommended E- bikes.
4.4 The User, to proceed with the Booking, must click on the “Book now” button and fill out the form in the “Booking” section. In particular, the User must:
a. Indicate the date on which you want to participate in the Experience, by clicking on the “Trip Date” box and selecting the chosen date, among those available in the calendar, marked by a colored dot.
b. Choose the type of Experience, by clicking on the “Trip Type” box and selecting one of the options indicated (“shared trip”, “private trip”) from the drop-down menu.
c. Choose the E-bike model for the Experience, indicating the quantity, using the “+” and “-” buttons, placed next to the image of the E-bike model. The number of e-bikes selected must be equal to the number of Participants.
d. Fill in the “Participants” form, indicating the name, surname, gender, age, height of each of the Participants, taking care to click on the “+” button to validate the entry. It is specified that the Participants cannot be less than 16 (sixteen) years old, nor less than 160 (one hundred and sixty) cm tall. If the User and / or Participants do not have these characteristics, they must submit a specific Booking Request for a Personalized Experience, in the manner indicated in art. 6 of these General Conditions. Following the completion of the “Participants” form, the User will see, under the same, a special box with the Participant’s data entered. If the User wishes to remove or modify the data relating to a Participant, he must click on the “remove” button, present in the aforementioned box, and proceed to fill in the form again.
e. Fill in the “Referent” form, entering your identification and contact details (name, surname, e-mail address and telephone number), as a contact person for the Experience.
4.5 After completing these operations, the User displays, in the right part of the page, a specific summary box of the Experience, where the costs relating to the Booking, the rental of the E-bikes, the professional guide and the public transport (where applicable) are indicated, as well as the total cost of the Experience itself.
4.7 Once this operation is successfully completed, the User will see the confirmation of the submission of the Booking Request and the alphanumeric code relating to the same.
4.8 Following the sending of the Booking Request, Ambra sends the User, via the e-mail address previously indicated, a communication of receipt of the Booking Request, indicating the alphanumeric code of the same.
4.9 After this Amber then verifies the possibility of carrying out the Experience on the date indicated by the User. If the Booking Request cannot be accepted, Ambra will, within 36 hours, inform the User by sending him an appropriate e-mail communication.
4.10 If the Booking Request is accepted, Ambra will send a specific e-mail communication to the User in the term referred to in the previous point, specifying that they have 60 (sixty) minutes of time from receipt of the same, to confirm the Reservation, making the relative payment. In case of non-payment of the Reservation within the deadline indicated above, the same will be considered as unconfirmed and the User must send a new Reservation Request.
4.11 In order to confirm the Reservation, the User reconnects to the website www.kheper21.com, click on the button at the top right “Check your reservation”, and accesses the “My booking” section, entering his e-mail address and the alphanumeric code of the Reservation.
4.12 Within the “My booking” section, the User displays a summary window of the Experience, where the name, date, duration, alphanumeric code, contact person, participants, e-bike and costs of the same are indicated.
4.14 The booking contract is concluded by clicking on the “Booking with payment obligation” button.
4.15 Following payment of the cost of the Booking, Ambra will send the User, by e-mail, the Booking Confirmation containing the summary of the Experience booked, together with the Receipt and the invoice.
5. Information on the conclusion of the contract
5.1 Amber, in accordance with Article 10 of Directive 2000/31 / EC, which requires each supplier of goods and / or services to provide specific information aimed at the conclusion of the distance contract, complies with the related information obligations as set out below.
5.2 The technical phases for the purchase of the trips are:
1. Access to the portal;
2. Selection of Experience;
3. Filling in the form in the “Booking” section, concerning the details of the Booking Request;
4. Sending the Booking Request;
5. Access to the “My booking” section;
6. Filling in the form relating to billing data;
7. Booking confirmation;
8. Immediate payment of the cost of the reservation, with the methods made available on the portal;
9. Sending of the Booking Confirmation with relative Receipt and invoice by Amber.
5.3 With reference to the technical means made available to the User to identify and correct data entry errors before sending the Booking Request and confirming it, the system automatically signals any errors resulting from the omitted indication of mandatory data in the fields on the site.
5.4 With reference to the languages to conclude this contract, please refer to art. 17 of the General Conditions.
5.5 With reference to the indication of the dispute settlement tools, see the following art. 16 of these General Conditions.
5.6 These General Conditions are and remain available to the User: storage and reproduction are always possible by saving the web page or by using the copy / paste option. Furthermore, when sending the Booking Confirmation by e-mail, the General Conditions are attached in a ‘read only’ format.
6. How to book Personalized Experiences
6.1 The User can send a request to Amber to book a Personalized Experience.
6.2 In order to book a Personalized Experience, the User must access the website www.kheper21.com, click on the “Create your trip” button at the top, and fill in the relevant form, indicating the location, type of experience, date of experience, number of adults (over sixteen years of age), number of helmets, means of transport, language of the guide and the starting and return point.
6.3 The User must also provide his own identification and contact data (name, surname, e-mail address and telephone number), as the contact person for the Personalized Experience.
6.4 The User, to send his Booking Request, should then click on the “Send Request” button, present under the form.
6.5 Following the sending of the Booking Request, the User will receive a notification of the request.
6.6 Amber, within 5 working days of receipt of the Booking Request, will proceed to contact the User, via the e-mail address or telephone number provided, in order to verify and proceed with the Booking Request.
6.7 Ambra will send the User the proposals of Personalized Experiences designed on the basis of the Booking Request, accompanying them with the related costs, related to the Booking, the rental of the E-bikes, additional means of transport (where applicable) and professional guidance.
6.8 The Personalized Experience proposal automatically expires if the User does not proceed to its acceptance within 5 days of receipt of the same.
6.9 At the end of the acceptance by the User, Ambra sends the latter a summary e-mail, containing the costs related to the Personalized Experience, together with the bank details, where the payment of the cost of the reservation can be made.
6.10 The User must verify all the data entered in the e-mail communication and promptly notify Amber of any changes and / or errors.
6.11 It should be noted that the request for booking a Personalized Experience does not represent a contract concluded online, as its conclusion occurs through the exchange of the proposal and acceptance, by e-mail.
6.12 It is understood that the sending of the summary e-mail of the Personalized Experience by Ambra involves confirmation of the conclusion of the Contract and acceptance of these General Conditions, with the consequent obligation to pay.
7. Cost of the Experience
7.1 The total cost of each Experience is indicated by Amber within the portal.
7.2 The cost includes the commission to be paid to Ambra for the Booking of the Experience, paid at the time of the Booking, the cost of renting the E-bikes selected during the booking phase, the cost of any further means of transport, (where applicable) and the cost of the professional guide.
7.3 The User can view the total cost of the Experience following the completion of the form in the “booking” section, referred to in point 4.4 above. The total cost of the Experience is also indicated in the Booking Confirmation and in the Receipt, sent to the User following the payment of the Booking.
7.4 If Amber, due to a material error, indicates a different cost in the portal, compared to the actual one of the Experience, will promptly notify the User by e-mail. The same can freely decide whether to confirm the reservation or, if they have already paid for it, whether to cancel it.
7.5 In the event that the User decides to cancel the Reservation, he must communicate this to Amber within 2 days from the receipt of the e-mail communication referred to in the previous point. Cancellation requests received after this deadline cannot be accepted.
7.6 In the event that the User has communicated the cancellation of the Reservation within the period referred to in the previous point, Ambra will arrange within 10 working days to credit the same an amount of money equal to the cost paid at the time of booking.
7.7 In any case, the costs indicated on the portal can be changed at any time. These changes do not apply to Experiences already booked.
8. Payment conditions
8.1 The User must pay the cost for the Booking of the Experience within 60 (sixty) minutes from the receipt of the e-mail of acceptance of the Booking Request, referred to in point 4.15. Payment can be made by credit card (Visa, Mastercard, American Experess) or by PayPal.
8.2 The User must pay the cost for the Reservation of the Personalized Experience, by bank transfer, within 7 (seven) days from the time of the conclusion of the Contract, to the banking coordinates indicated in the e-mail summarizing the experience, referred to in point 6.9. Failure to pay within the aforementioned term is considered as cancellation of the Reservation.
8.3 Following the full collection of the cost paid by the User, Ambra sends the Booking Confirmation of the Personalized Experience by email, together with the Receipt and the related invoice.
8.4 In any case, the User directly pays the cost of the services booked to the respective suppliers (E-bike and professional guide) during the check-in (at the meeting point for the trip). Payment can be made in the manner indicated in the receipt.
9. Modifying your Experience
9.1 The User who has booked a Personalized Experience / Experience can request the following changes, by email, up to 72 hours before the start of the trip:
a. Change of date of the Personal Experience / Experience;
b. Variation in the number of participants.9.2 The requests for changes received after the aforementioned deadline cannot be accepted.
9.3 The User may request to modify the Reservation only once.
9.4 Acceptance of the aforementioned changes is left to Ambra’s discretionary assessment, if compatible with the availability on the chosen date.
9.5 Ambra will communicate to the User, by e-mail, the acceptance or rejection of the changes, taking care, in the first case, to indicate any changes in the final costs. The change in the cost of the reservation will be paid upon check-in (at the meeting point for the trip).
9.6 If the User has requested a change in the Personalized Experience / Experience and the indicated date is not available, Amber will propose an alternative date.
9.7 It is specified that in the event of reprogramming of the Personal Experience / Experience, the terms for cancellation, referred to in the following art. 10, continue from the original Booking date and time.
9.8 It should be noted that, if, in the event of Amber not accepting the request for changes, the User decides not to carry out the Personalized Experience / Experience booked, they will not be entitled to request a refund for the cost of the reservation.
10. Cancellation of the Experience
10.1 The User who has booked an Experience can, up to 72 hours before the start of the same, request a cancellation by e-mail. The cost paid for the reservation is not refundable.
10.2 If the User requests the cancellation of the Experience by the end of the previous point, he will not be required to pay the costs foreseen for the rental of the E-bike, for any further means of transport and for a professional guide.
10.3 Personalized Experiences cannot be cancelled.
10.4 If on the day of the Experience / Personalized Experience the User does not show up at the starting point, they will be required to pay the costs of the services referred to in point 10.2 to the respective suppliers. In which case, Ambra will send the customer’s contact details to the respective providers, as indicated in the relevant privacy agreement.
10.5 These provisions do not apply to causes of force majeure which are governed by the following article.
11. Force Majeure
11.1 In the event that the Personalized Experience / Experience booked by the User cannot be carried out due to circumstances beyond the control of Amber and the User himself, and therefore are not attributable to them, the Personalized Experience / Experience will be reorganised in proportion to the duration of the aforementioned circumstances and compatibility with various availabilities. By way of example and without exhaustiveness, the following circumstances are listed: adverse weather conditions, such as those which endanger the safety of the participants, natural disasters (earthquakes, floods, hurricanes), fires, mass diseases (epidemics), sabotages, measures imposed by public authorities, difficulties in transportation, unrest, terrorist attacks and all other causes of force majeure.
11.2 If a force majeure event occurs, the Party that intends to make use of this clause must promptly notify the other Party, by e-mail or telephone, indicating the event that gave rise to the force majeure and its effects on the possibility of carrying out and / or participating in the Personalized Experience / Experience.
In this case, the User, who wishes to make use of the aforementioned clause, is required to demonstrate the circumstances of force majeure by providing Ambra with specific documentation in this regard.
11.3 The decision regarding the merits of the circumstances of force majeure put forward by the User is left to Ambra’s discretionary assessment. If the same is not considered valid, the Personalized Experience / Experience cannot be rescheduled and the cost for the Booking will not be refunded.
11.4 In the event that the circumstances listed in point 11.1 persist for more than 2 days., the Parties will have the right to cancel the Reservation, by promptly notifying the other party by e-mail.
11.5 Amber will proceed to refund the User the cost of the Booking within 10 working days of the communication referred to in the previous point.
11.6 If the circumstances referred to in point 11.1 occur during the performance of the Personalized Experience/ Experience, the professional guide may decide to suspend or terminate the Personalized Experience / Experience.
11.7 The User will not have the right to request a refund of the cost for the Booking, the costs paid at the time of check-in nor the cost of the professional guide.
11.8 In any case, Amber cannot be held responsible for the failure, delayed performance of the Personal Experience / Experience, or for its suspension or interruption in the occurrence of the circumstances referred to in the previous point.
11.9 It is specified that the occurrence of the events referred to in points 11.1 and 11.6 will not entitle the User to request compensation for any damages or compensation of any kind, except in the case of wilful misconduct or gross negligence of Amber.
12.1 The User is required to print and present the receipt attached to the Booking Confirmation at the check-in, together with a valid identification document.
12.2 Within the Booking Confirmation, the User can find the following information for carrying out the Personalized Experience / Experience:
a. Trip Type
b. Name of the experience and duration
c. Number of participants
d. Departure date and time
e. Meeting place
f. Public Transport
g. Services included in the cost of the Experience / Personalized Experience.
12.3 Amber will communicate, by e-mail, by 8.00pm the day before the Personal Experience / Experience, the point and time of departure, the recommended clothing and any indications recommended by the professional guide.
12.4 Participation in the Experience / Personalized Experience presupposes physical fitness and the ability to use an E-bike. Participants, taking part in the Personalized Experience / Experience, declare under their responsibility to be in good health, to have the appropriate ability to use the E-bike and not to have taken alcohol and / or drugs or drugs that could influence the subject’s supervisory status before the start of the trip.
12.5 The consumption of any kind of alcohol and / or narcotic substances during the carrying out of the Personal Experience / Experience is strictly prohibited. The professional guide can immediately stop the Personalized Experience / Experience for those who have taken alcohol and / or drugs during the course of the trip.
12.6 Any Participant who presents health problems that could affect the safety of the Personal Experience / Experience must warn the professional guide, before the start of the trip. It will be the decision of the guide whether or not to allow this person to participate in the Experience / Personalized experience.
12.7 It is specified that participation of pregnant women in Personalized Experiences / Experiences is forbidden, at any stage of pregnancy.
12.8 The professional guide will provide Participants with all the technical information necessary to participate in the Personalized Experience / Experience, identifying any risks in the itinerary and providing any other indications necessary for the safe conduct of the Personalized Experience / Experience.
12.9 Participants are required to:
a. closely follow the instructions and instructions of the professional guide;
b. wear the clothing recommended;
c. wear any means of protection and safety made available to them;
d. respect the rules of good conduct inherent to the road laws;
e. in the case of circulation on public roads, comply with the legislation in force for road traffic;
f. Respect nature, avoiding leaving waste along any part of the route.
12.10 It is specified that if participation in the Personal Experience / Experience of minors is allowed, they are in the custody of the participating parents/custodians.
12.11 Please note that the total cost of the Personalized Experience / Experience does not include the stipulation of any insurance policy.
13.1 In no case can Amber be held responsible for any damage to the person or objects of the Participants, which occurred during the performance of the Personal Experience / Experience, nor any immediate and direct consequence of:
a. Any accidental event, beyond the control of the Company itself;
b. Failure by the Participants to comply with the rules referred to in Article 12 of these General Conditions;
c. The malfunction of the E-bikes hired by the Participant;
d. Any failure, inattention or negligence of professional guides in the performance of their service.
13.2 It is specified that Amber is not responsible for any loss, theft, damage to objects owned by the participants that are left unattended.
13.3 In the event that the circumstances referred to in the preceding points occur, the Participants will not be entitled to request any amount from Ambra as compensation for damage and / or any compensation.
13.4 Please note that, if the Participants are not satisfied with the Personal Experience / Experience or the professional guide, they can communicate it to Amber, using the channels indicated in article 3 of these General Conditions.
14. Treatment of personal data
For information on the Company’s policy on the processing of personal data, please refer to the following link: https://www.kheper21.com/privacy-policy/
15. Applicable law
15.1 These General Conditions fully represent the will of the Parties regarding the Booking of the Experience / Personalized Experience.
15.2 For anything not expressly provided for or presented by these General Conditions, please see the Directive 2011/83 / EU on consumer rights and Directive 2000/31 / EC on e-commerce.
16.1 In the event of disputes and disputes relating to these General Conditions, the Parties agree to reach a solution within 30 days of the first dispute sent via e-mail communication and / or international post.
16.2 After the aforementioned term has elapsed, the Parties agree to use the ODR (Online Dispute Resolution) procedure, through the appropriate platform made available by the European Commission, at this link: https://webgate.ec.europa.eu/odr
16.3 If it is not possible to reach a satisfactory solution to the dispute involving a Consumer, the Judge of the place of residence or domicile of the Consumer will be competent if the person or persons in question are resident(s) in the European Union. If the Customer is, however, a resident outside of the EU, the jurisdiction and competent bodies will be defined by the laws of the particular state where the Customer resides. This clause does not in any way disrupt the rights of the Customer.
16.4 In the event that a Professional is part of the dispute and the deadline referred to in point 15.1 has passed, the same will be devolved to a single arbitrator of the International Court of Arbitration of the Milan Chamber of Commerce.
The Parties may appoint the arbitrator by mutual agreement, unless confirmed by the Court. In the absence of appointment of the sole arbitrator by the Parties within 30 days from the date on which the request for arbitration was received by the other party, or within any further term agreed by the Secretariat of the Court, the sole arbitrator will be appointed by the Court.
16.5 The arbitrator will formulate his / her decision according to law, applying these General Conditions.
16.6 For anything not expressly provided for and disposed in these General Conditions, the arbitrator must apply Directive 2011/83 / EU on consumer rights and Directive 2000/31 / EC on e-commerce.
16.7 It is now established that the arbitrator’s resolutions and decisions will bind the Parties.
16.8 The arbitrator will determine how to divide the costs of the arbitration between the Parties.
17. Final statements
17.1 These General Conditions may be changed at any time unilaterally by Ambra, who will publish their updated version on the www.kheper21.com website together with the date of publication. The reservations made on the portal will be governed by the General Conditions published at the time of the conclusion of the contract.
17.2 Any nullity in whole or in part of the individual clauses of these General Conditions will not extend its effects to other contractual provisions. To any extent possible, Ambra will replace the void clauses with other valid written agreements, having an equivalent or similar content to the previous ones.
17.3 The English text of these General Conditions, even if drafted in other languages, will be considered the only authentic text for the purpose of their interpretation.
17.4 If one of the Parties fails to take legal action or to exercise a right based on these General Conditions, this acquiescence cannot be interpreted as a definitive refusal to exercise the same legal action or the same right in the future.