Legal Terms

Legal Terms 

Website Legal Terms

 

Terms and conditions of access to the official website of SOULFUL RIDES, LDA

This website is operated by SOULFUL RIDES, LDA with headquarters at Sitio do Zambujal, S/N, 8970-392 Alcoutim.

01. INTELLECTUAL PROPERTY

SOULFUL RIDES, LDA is the exclusive owner of the intellectual property of all materials and content contained on the website. These materials and contents may not be copied or reproduced, except when strictly necessary for their online viewing. Without prejudice to the foregoing, the printing of complete pages of the site on paper is permitted provided that it is for the user's personal use. Notwithstanding and notwithstanding the foregoing, SOULFUL RIDES, LDA, may occasionally give you the opportunity to download images and other utilities from the site upon written authorization request.

2. LINKS TO THE WEBSITE

If you wish to provide a connection or link to the website, this must be done with written authorization from SOULFUL RIDES, LDA, to the page designated by it. Any attempt to change or upload information, or the practice of any other actions that may cause damage and jeopardize the integrity of the site and its contents, are strictly prohibited and may be punished under the terms of the legislation in force.

03. ACCURACY OF INFORMATION

The material on this site consists of information of a general nature, intended for the dissemination of products sold by SOULFUL RIDES, LDA, which are not necessarily exhaustive, complete or rigorous. Despite the effort to update the contents and correct any errors detected, SOULFUL RIDES, LDA cannot guarantee that any inaccuracy or outdated information will not be detected, namely due to human error, technical error, attempted fraud or updates are ongoing. Consequently, SOULFUL RIDES, LDA does not assume any responsibility for the non-verification of an intended result or for losses, material or personal damages that may arise, directly or indirectly, from accessing this site and/or using the information contained therein. Regardless of the provisions of the previous paragraph, SOULFUL RIDES, LDA, reserves the right to unilaterally change, at any time and without any restrictions, the specifications of the products published on this site, without this implying an obligation to immediately update the contents. of this website.

The information on this site is intended for SOULFUL RIDES, LDA customers who benefit from its service only in Portugal and, as such, may not be applicable in other jurisdictions. SOULFUL RIDES, LDA will make every effort that is reasonably required to ensure that the content of this website is accurate and up-to-date. However, SOULFUL RIDES, LDA reserves the right to change product specifications unilaterally and without any restrictions at any time.

SOULFUL RIDES, LDA does not guarantee that the statements, qualities and types of products, technical specifications and other information in general contained on this site are reliable and true, nor does it assume any obligation of the result arising from the use of the services and utilities made available to users. from the website. SOULFUL RIDES, LDA cannot, therefore, be held responsible for any possible damages arising from the trust that any person makes of such statements, product qualities, technical specifications and other information in general contained on the site, nor for the failure to verify any result intended. In addition to the above, SOULFUL RIDES, LDA does not assume, in the broadest terms permitted by law, responsibility for any other possible damages, of whatever nature, arising from access and use of this website.


Online Booking Terms and Conditions

PREAMBLE

1. These general conditions of sale are agreed between SOULFUL RIDES, with headquarters in Sitio do Zambujal, Alcoutim, 8970-392 Vaqueiros, tax identification number 514341262 and contact +351918888124, hereinafter referred to as “company“, and people who wish to make purchases through the website www.soulfulbikes.com hereinafter referred to as "user".

2. The parties agree that purchases made through the website www.soulfulbikes.com will be governed exclusively by this contract, excluding any conditions previously agreed between the parties.

 

01. OBJECT

1. The purpose of these general conditions of sale is to provide and define all the necessary information to the user on the modalities of ordering, selling, paying and providing the service, carried out on the website www.soulfulbikes.com.

2. These conditions govern all the steps necessary to carry out the purchase and guarantee the follow-up of this provision of service to the user.


02. ORDER

1. The User completes his order by completing the purchase process presented on the website www.soulfulbikes.com, adding the products or services he intends to order to the shopping basket:

2. To place your order, the user must:

a) Register on the website www.soulfulbikes.com, providing the information requested therein.

b) Complete the information and choose the options that are made available to you throughout the order completion process (personal data, driving license, payment method, as well as the NIF and the name that, for tax purposes, you want to appear on the invoice).

3. The final confirmation of the order by the user is equivalent to full and complete acceptance of the prices and description of the products/services available for sale, as well as these General Sales Conditions, which will be the only ones applicable to the contract thus concluded.

4. The company will honor orders received online. If the service is not available, the company undertakes to inform the user as soon as possible.

5. The data contained in the invoice are the sole responsibility of the user. The invoice, once issued, cannot be reissued with changes.

6. If the payment of the invoice is not received by the services within the indicated period, the reservation will not be guaranteed.


03. PAYMENT

1. On the website www.soulfulbikes.com, the company offers the following payment methods to the user:

        a) Credit or debit card (Visa, Mastercard);

        b) PAYPAL;

2. In the case of payment by credit card, the debit will be made on the user's card immediately after confirmation of the ability to provide the service.

3. The payment request is made after having chosen the services and extras, as well as the delivery and collection details, at the conclusion of the booking process.


04. AVAILABILITY AND CONSUMPTION

The availability of the service will be carried out after confirmation of the payment made and on the date/time of the reservation.


05. PRICES

1. Prices are to be understood in Euros, with fees and taxes included, taking into account the VAT in force on the date of payment of the reservation.

2. If there is an increase in the price of any service, the user will be informed immediately, being able to choose to continue his order (paying the difference) or to proceed with its cancellation.

 

06. CANCELLATION AND RETURNS

The user will be able to change his reservation date, according to the availability of the fleet. The change process is handled on a case-by-case basis by the company. The request must arrive in writing to the contact email geral@soulfulbikes.com, up to 48 hours before the reservation date, with the change instructions being answered and defined by the company, by the same means of communication.

Returns are not allowed.


07. PRIVACY POLICY

The processing of your data is carried out in compliance with the legislation on the protection of personal data. The same, subject to computer processing, will appear in the company's database(s) and are intended for the registration and presentation of other products and services, as well as institutional information, to be made available by them.

Its provision is optional and is guaranteed, under the terms of the law, the right to access, rectify and cancel any data that directly concerns you, personally or in writing, directly to the address on the homepage of this Website.

You can consult our Privacy Policy page for more details of the rules in force.


Terms and Conditions of the Rental Agreement

These Terms and Conditions are intended to regulate the contract established between Soulful Rides, Ltd (Soulful Bikes) and the person who rents the motorcycle (Client). The conditions are general and Soulful Bikes reserves the right to any changes and specific agreements (to be established by written)


1. PURPOSE OF THE CONTRACT

The purpose of the contract is the temporary use of a Soulful Bikes motorcycle by the Client. Soulful Bikes declares that to the best of their knowledge the rented motorcycle is in safe condition, free from faults or defects affecting its safe operation under normal use.


2. MINIMUM RENTAL PERIOD

The minimum rental period is one day (24 hours).

Any fraction of a day will be considered a day.


3. CLIENT AGE AND MINIMUM EXPERIENCE

The hire of vehicles up to and including 125cc requires the minimum age of 20 years old and having at least 1 year of the corresponding license.

For the rental of motorcycles exceeding 125cc, the client must be over 25 years old and have at least one year of qualification to drive motorcycles of the size and power similar to the one that he wishes to rent.


4. FARE

The rental fare is calculated and submitted to the Client when booking the rental. These prices include unlimited kilometres, civil liability insurance, the use of a luggage solution, the use of one helmet and all applicable tax rates.


5. RESERVATIONS AND PAYMENT TERMS

At the time of the reservation the Client will pay 30% of the total cost of the rental to ensure availability of the motorcycle. The remaining 70% will be paid at the start of the rental period.


6. MOTORBIKE AVAILABILITY

Soulful Bikes will make all possible efforts to assure the availability of the reserved motorcycle during the rented period. If by unforeseen circumstances Soulful Bikes is unable to provide the Client the reserved motorcycle model, an equivalent model available can replace the one that is booked. If this model has a lower rental value than the model initially reserved by the Client, Soulful Bikes shall refund the difference. If the rental value of the replacement motorcycle is higher than the motorcycle initially reserved by the Client, this difference shall not be supported by the Client.


7. CANCELLATION

If the Client cancels a reservation more than 48 hours before the start date and time of the rental period, Soulful Bikes shall reimburse the amount already paid. This cancellation must be submitted by written. Cancellations done with less than 48 hours won’t be refunded. If the cancellation is partial, that is if the Client wants to cancel only a few days of the rental period, the same cancellation policy applies to the cancelled days.


8. RESCHEDULING

The Client can reschedule their reservation up to 48 hours before the rental start date and time. Such rescheduling request must be communicated by written and is subject to the availability of the reserved model. With less than 48 hours in advance in relation to the date and time of the rental start, there will be no possibility of rescheduling.


9. DELIVERY AND RETURN

The collection or delivery of the motorcycle will be according to the stipulated with the customer. There may be a surcharge to be calculated depending on the location requested for collection or delivery.


10. RENTAL TERM

The rental ends on the day, time and place set forth in the particular terms of the contract. If the Client wants to extend the rental period, they should contact Soulful Bikes at least 24 hours before the term. Soulful Bikes may or may not authorize an extension. If Soulful Bikes does not authorize the extension and the Client does not return the motorcycle on the day, time and place established, the disappearance of the motorcycle will be reported to the authorities and punished by Criminal Law.

Soulful Rides is not responsible before the Client or any passenger for the loss or material damage of goods left in the vehicle, either during or after the rental period.

Soulful Rides has the right to shorten the rental period and demand the immediate return of the vehicle, based on non-compliance with the contractual clauses.

The early return of the vehicle at the initiative of the Customer does not give the right to reimbursement for the contracted and unused period.


11. SOULFUL BIKES LIABILITY

Soulful Bikes must supply the motorcycle in correct and safe technical conditions for circulation. The Client should also receive the documents of the vehicle and accessories chosen. Soulful Bikes should check and accept existing damage written on the damage form as part of the handover procedure. If, even not by Client's fault, any repair work is necessary during the rental period to ensure the proper operation or functioning of the motorcycle, consent from Soulful Bikes must be received prior to any repair. Other claims are excluded, regardless of any legal reason, unless loss or damage to the Client are attributed to serious or intentional negligence by Soulful Bikes.


12. CLIENT LIABILITY

The Client is liable for ensuring that they are legally entitled to drive a motorcycle. A valid license must be presented by the Client.

The vehicle can only be driven by the CUSTOMER or by the individuals authorized in the contract for which the CUSTOMER is jointly liable.

The Client is responsible for all fines, tickets and legal charges for traffic irregularities or other legal infractions during the period when he rents the motorcycle. Soulful Bikes will charge the Client for informing the authorities of the Customer's identity and other information due to any fine of their responsibility.

The customer must take care of the vehicle, ensuring that it is properly disconnected and locked in a safe place when not in use, using the proper fuel, as well as using and connecting with diligence any safety device provided.

It is the Client’s responsibility to ensure that the rented motorcycle:

a) Shall be used according to manufacturer's recommendations.

b) Shall be used in full respect of road law of the countries in which it is driven.

c) Shall not be used negligently.

d) Shall not carry more passengers than its approved capacity allows.

e) Shall not be used for racing or competition.

f) Shall not be used for illegal purposes.

g) Shall not carry more weight than it is allowed.

h) Shall not be used by anyone else except by Clients stated in the rental contract.

i) Shall not be used if its mechanical condition is deemed unsafe.

j) Shall not be used after consumption of drugs, alcohol or other narcotic substances.

l) Shall not be used when the Client's physical conditions are weakened by fatigue or illness.


13. DEPOSIT

Each motorcycle model has a specific guarantee that can be left as a cash deposit at the beginning of the rental or through a credit authorization on the Client’s credit card.

At the end of the rental contract, compensation for any damage to the motorcycle will be deducted from the compulsory excess and the remainder returned to the Client.

If an accident is to be reported to the insurance company, the entire compulsory excess will be charged to the Client until the resolution of the case. After the insurance inspection and determination of responsibility, the Client will be refunded the remaining compulsory excess in the event of damages lower than the total amount. If the Client’s responsibility is higher than the deposit, they will be asked to settle the outstanding remainder.


14. INSURANCE

Rental prices include mandatory third-party liability insurance only valid in Continental Portugal.

In any case, the conditions of the Insurance will be nullified and the Client will be liable for all damages on the rented motorcycle and third parties if:

- The Client abandons the place of an accident in which he has been involved.

- The motorcycle is involved in an accident and the Client fails to notify Soulful Bikes as soon as possible.

- Motorcycle is driven under the influence of alcohol, drugs or other narcotic substances

- The motorcycle is driven in areas not authorized by Soulful Bikes such as unpaved roads and racing circuits.


 15. ADDITIONAL COSTS

Delays in the scheduled time for motorcycle deliveries or collections will incur an additional fee of €10 per hour or fraction of an hour.

Optional accessories such as GPS, helmets, motorcycle clothing, communication equipment and luggage equipment among others, are available at the respective rental or package cost.

Any costs for repair or replacement due to damage, loss or theft of both motorcycles and accessory equipment will be borne directly by the Client.

For each notification of fines, tickets and infractions made by the Client that are received by Soulful Bikes an administrative fee of 50 € will be charged.

Soulful Bikes expenses for repairs and damages caused by an accident outside the agreed conditions of insurance will be charged to the Client.

In the case of refuelling the vehicle with the wrong fuel, it is mandatory to request assistance and a fee of €1 per kilometer will be charged in relation to Faro on the outward and return journey, in addition to the repair costs.

In case of puncture, bursting, pinching, chipping or other damage to the tires, €150 per damaged tire will be charged. The Customer must obtain the consent of Soulful Bikes before repairing a puncture. In case of request for assistance per puncture, a fee of €1 per kilometer will be charged in relation to Faro on the outward and return journey, in addition to the repair costs.


16. CONSUMABLES

The motorbike is rented by Soulful Bikes with a full fuel tank and must be returned in the same way. The return of the motorbike without the full fuel tank involves the payment of a 30 € fee.

The motorbike will be delivered by Soulful Bikes with tires, brake pads and general maintenance ready for normal use in perfect conditions.

When the Client picks up the motorbike, he is responsible for verifying that the conditions of the tires, oil level and brake pads are acceptable.

The Client is responsible for checking the oil level, tire carding, tire air pressure and brake pad wear during the rental period.

Punctures in the tires are a consequence of motorbike usage and therefore the responsibility for its repair is assigned to the Client. The Client must obtain the consent of Soulful Bikes before proceeding to repair a puncture. In case of request for assistance by puncture, a fee of 1 € per kilometre of travel from Faro (outward and return route) will be charged in addition to the repair costs.

The Client is obliged to report to Soulful Bikes in case of accentuated wear of tires, oil level and brake pads during the rental period.


17. MECHANICAL FAILURE

In the case of a mechanical failure, the Client must contact Soulful Bikes informing accurately their location and detailed information about the failure. If repair is necessary and possible, the Client must obtain Soulful Bikes’ consent before making such repair. If repair is not possible, Soulful Bikes will seek to replace the damaged motorbike at the earliest possible opportunity. Soulful Bikes shall refund the value of the corresponding rental to the period when the motorbike was immobilized due to the possible failure. If for any reason the replacement is not possible, Soulful Bikes shall reimburse the Client for the rental days not enjoyed. Soulful Bikes is not responsible for lost time due to accidents or mechanical failures that could delay or stop the Client holiday or travel plans. For mechanical failures caused by falls, accidents or negligent use, the motorbike replacement and reimbursement for having the motorbike immobilized are excluded.


18. PROCEDURE IN CASE OF INJURY OR ACCIDENT

In case of injury or accident, the Client is required to immediately notify Soulful Bikes by phone. Towing services and/or repair should only be called when agreed by Soulful Bikes. Police and rescue resources must be notified immediately in the event of an accident. Evidence must be ensured and filling the insurance statement together with each of the other drivers involved. Take note of other driver’s names, addresses, phone numbers, driving license numbers and issuing authorities, brands, models and colours of vehicles, insurance details (insurance company and policy number). Also the contacts of any eye witnesses should be collected, braking marks, and all the information that contributes to the correct and complete understanding of the sequence of events.


19. TERRITORY

The Customer is free to ride freely throughout mainland Portugal, where civil liability, collision insurance and road assistance are valid.

The Customer can ride in Spain but is no longer entitled to road assistance in the event of a breakdown or accident.

If Soulful Rides becomes aware of an unauthorized raid outside the authorized territory, the contract conditions are violated, being the delivery of the motorcycle requested.


20. TOLLS

Soulful Bikes motorbike fleet is all equipped with electronic identifiers, which allows the use of the Via Verde lane on the Portuguese motorways without stopping. The value of the toll is registered electronically and debited from Soulful Bikes account up to 72 hours after the passage.

Use of this system is included in the rental fare.

At the end of the rental contract the Client will be charged by Soulful Bikes the value of tolls on the motorbike that was used during the rental period. These values will not include tolls from the last 72 hours. Those shall be communicated to the Client for later payment.


21. KEYS

Soulful Bikes shall provide the keys corresponding motorbike and luggage. No duplicate will be provided. The Client is responsible for the security of the keys during the rental period and must return all keys at the end of the rental. Soulful Bikes is not responsible for damage arising from loss, theft or damaged keys that may cause the premature interruption or end of the rental period contracted. The loss of a key incurs a replacement fee of 300 €.


22. DOCUMENTATION 

Soulful Bikes shall provide all documents necessary for the vehicle circulation, namely the copy of the rental contract, registration, proof of ownership and proof of insurance. Client is responsible for these documents during the rental period and should return all documents at the end of this period. The loss of any of these documents incurs in a replacement rate of 100 € per document.


23. TRACKING

For safety reasons, for the purpose of preventing theft, to solve contractual breaches, and to provide additional services, Soulful Bikes may install tracking devices on the motorbikes.

Any attempt to disassemble or damage such devices shall be reported to the authorities and punishable by criminal law.


24. INTERNATIONAL AGENCIES

Soulful Bikes reserves the right to denounce contractual defaults to regulatory agencies belonging to the Client’s country of origin.


25.PERSONAL DATA

The Client authorizes the collection and treatment of their personal data, in accordance with the law 67/98, of October 26, by Soulful Bikes, with the purpose of being used within the scope of the contractual relationship with the Client and also for the purposes of Direct marketing by Soulful Bikes.

The Client has the right of access, rectification, updating of data and opposition to the use for the purposes of direct marketing, by means of written communication to Soulful Bikes.


26.ADRESSES AND JURISDICTION

All notices and quotations to be made under the Contract shall be sent to the addresses and e-mail addresses contained therein, which both parties hereby acknowledge as their agreed address, for all legal purposes, obliging each other to communicate any change of the dwellings.

For all questions of the litigious forum will be competent the courts of the District of Faro.

List of Alternative Entities for Consumer Litigation:

Centro de Informação Mediação de Arbitragem de Conflitos de Consumo do Algarve

Edifício ninho de empresas, Estrada da Penha – 8005-131 Faro

Tel: +351 289 812 213        E-mail: cimaal@telepac.pt