Terms and Conditions
The owner of www.doncicleto.com and its contents is Don Cicleto, S.L. (hereinafter DON CICLETO). Access to www.doncicleto.com and any of its subdomains is voluntary and attributes to the user the condition of user. DON CICLETO reserves the right to modify at any time these conditions, whose present and future versions will be accessible at all times through this website. As a user you agree to make proper use of the services and content offered by this website.
Registration and registration of users in some services
Some of our services or functionalities may require registration and registration as a user, requesting some data. Such registration must be carried out personally and directly. As a user you are responsible for providing current, truthful and lawful information; you are also responsible for any damages caused to DON CICLETO arising from the breach of this obligation.
Right of exclusion
DON CICLETO reserves the right to withdraw, restrict and/or deny access to the platform, without prior notice, to those users who violate the provisions herein, or for reasons of security of the company itself, its infrastructure or its services.
Cost of the service
Access to both the Don Cicleto website and its user interface (WebApp or APP) is free of charge, notwithstanding the fact that those who pay will be duly informed according to the different types of accounts offered. The cost, method of payment, and other economic issues related to the paid services will be detailed in the specific conditions of the same.
Don Cicleto assumes no responsibility for the contents of other websites or electronic communications from third parties that may direct links to this website, or refer to the service provided, with information that may mislead users to errors regarding the services of DON CICLETO.
Intellectual property, image rights
The texts, drawings, images, photographs and any audiovisual element that appear on the page www.doncicleto.com are either the exclusive property of DON CICLETO or have been the subject of the appropriate transfer of rights by the owners to use them. Without prejudice to the permissions provided in the following paragraph, in no case may it be understood that the mere access and navigation of the user through the website or the use of the services imply a waiver, transfer, license or total or partial transfer of such rights by DON CICLETO or third party rights holders. DON CICLETO has the exclusive exercise of the rights of exploitation of the website and its contents and, in particular, the rights of reproduction, distribution, public communication and transformation. DON CICLETO owns the industrial property rights over the distinctive signs included in this platform and in the documents it contains, or has the proper license for the use of those distinctive signs owned by third parties. In case you want to make any use of them you must contact us.
Guarantees and responsibilities
DON CILETO works with the technical and human resources necessary to keep the website operational at all times. However, Don Cicleto does not guarantee the absence of errors in accessing the website, or the uninterrupted provision of the service.
Termination of service, removal of contents
DON CICLETO reserves the right to modify, suspend or cancel the content and services provided through this website at any time.
Applicable law and jurisdiction
These terms and conditions are governed by Spanish law and any dispute that may arise regarding their application, compliance or interpretation shall be resolved by the express acceptance of both parties before the Courts and Tribunals of the city of Madrid.
Cancellation and refund policy
The cancellation of the Don Cicleto monthly subscription service can be made at any time during the period of the contracted month through your profile. This action cancels the automatic renewal of the service the day after the end date of the contracting of said service, keeping the reservation of the assigned seat and access to it until the time of renewal where said seat will be unassigned. There is no charge for cancellation of the contract.
In case of failure to perform the automatic payment due to insufficient funds, expired card, etc. The contract may be cancelled automatically.
If the user or beneficiary of the pay-per-use reservation does not show up at the parking lot once the reservation has been initiated, he/she will not be able to claim full or partial reimbursement of the purchase made.
If the cancellation of both services is not processed properly, caused by technical problems for which Don Cicleto is responsible, the company will have to pay this charge.
DON CICLETO S.L.
7 BAILÉN Street
28280 EL ESCORIAL
Tlf 744 400 546
Use of the service
The user will have access to the parking lots of the Don Cicleto service by contracting them. Each new use of the service implies the acceptance of the established rules.
The procedure for parking a bicycle in the corresponding module parking lot is as described below:
- The user must access the parking lot following the recommendations provided in the parking lots and bicycle-friendly spaces sheet.
- The bicycle must be identified when Don Cicleto provides a card for this purpose.
- The user shall use the module only and exclusively for parking the bicycle duly registered in the system.
- To register the bicycle, please use the following form: https://www.web.doncicleto.com/registra-tu-bici
- It is strictly forbidden to store anything other than the registered bicycle in the parking lot.
- You will then park the bicycle and lock it properly using your own lock. The user shall be responsible, in any case, for ensuring that the bicycle is properly locked.
- Once the use of the parking lot is finished, the user is obliged to check the perfect state of all the elements of the parking lot and to inform the service in case of breakdown.
- Once the bicycle has been stored, the user has the right to use the parking lot as stipulated in the type of subscription contracted. For periods of use exceeding this period, the corresponding fees or penalties described in this contract shall apply.
- It is not allowed to rent or use for commercial purposes any of the elements that make up the Don Cicleto service such as cards, parking modules, web, etc.
- In cases of force majeure, due to service needs or unforeseen circumstances, the Company is authorized, personally or through the personnel it deems necessary, to open or move the module occupied by the user. In these cases, Don Cicleto undertakes to inform the user of the new location where the bicycle is stored, so that the user can continue using the service for the remaining time. In any case, the user must cooperate diligently in the transfer of his bicycle if necessary at the request of a supervisor or the staff assigned by Don Cicleto.
- Communications with the user will be made through the e-mail address provided.
Schedules and Rates
The schedules and rates will be those in effect at any given time and published on the service’s website or in its applications (WebApp/APP). Given the need to preserve the use to other users of the system, and regardless of the economic penalty described above, the user who does not respect the schedules established in the contract, authorizes the service manager to remove his bicycle, and deposit it in the place that Don Cicleto will communicate to that effect. In these cases, the user will have to pay the transfer costs and the cost of the deposit, according to the rates published by Don Cicleto. If for the removal of the bicycle it is necessary to break the lock(s) or cables, Don Cicleto is not responsible for their restitution.
For justified reasons, Don Cicleto reserves the right to change the timetable for the use of the service, the opening time of the stations and the position of the modules, without prior notice, although reasonable efforts will be made to communicate this sufficiently in advance. The system, or a particular station, may be heavily used or improperly occupied and it is not possible to always guarantee the availability of bicycle parking space. The Company will not reimburse any amount in the event that all or any of the parking lots or bike-friendly spaces where the service is offered cannot be used.
The service supervisors will be personnel authorized or assigned by the Company for this purpose, and will be responsible for ensuring control of the use of the parking lots.
They will belong either to the parking lots or bike-friendly spaces or to Don Cicleto’s own staff or external staff hired for this purpose. The user expressly declares that he/she is aware of and accepts the role of the service supervisor. The user will collaborate with the supervisors.
Don Cicleto personnel, contractors and agents have no authority to make individual exceptions or modifications to these terms and conditions. For maintenance or cleaning of a parking lot, the service supervisors or Don Cicleto staff may access an occupied parking lot, and if necessary relocate, during the time of execution of the tasks, the bicycle parked in another available parking lot of the same station. At the request of a supervisor or Don Cicleto staff the user must provide user card, name, address or details of their parking spaces in the system. The service supervisors will not carry out any surveillance tasks in relation to the bicycles or any of the goods deposited in the parking lots or in the bicycle friendly areas.
The user declares to be of legal age, to know and accept the current regulations on traffic and driving of vehicles and the rules for the use of bicycles and coexistence with pedestrians and other vehicles in the corresponding municipalities.
Damages and Insurance
Although the service provider has devoted great effort and care to ensure the security of the parking lots, this contract does not imply on the part of the service provider the duty of surveillance and custody of the bicycles stored in the modules of the Don Cicleto service. Accordingly, the use of the Don Cicleto service by the user shall be at the user’s own risk. The service provider shall be responsible for all damages or loss of bicycles for which he/she is responsible. Don Cicleto declares that he has taken out an AXA insurance policy covering civil liability and theft of the bicycle up to a cost of 1000€ per bike, the insured bicycle must be registered in the user’s profile and in case of theft it is mandatory to file a report at the police station within 48 hours, and have the invoice or receipt of the theft.
The user undertakes, each time he/she uses the Don Cicleto service, to:
- Use the service and all its components with maximum diligence.
- Not to cede the use, by any concept, to third parties or family members.
- Use the parking lot, exclusively, with the registered bicycles of each user, in accordance with the provisions of this document.
- Communicate to the Customer Information Office via e-mail (email@example.com) any breakdown or damage to any parking lot, indicating the location and condition of the parking lot.
- The user, from the moment he/she leaves his/her bicycle and until it is removed, will be personally responsible for its proper use and conservation.
- Upon removal of the bicycle, ensure that the parking space is left in good condition.
- To the restitution of the user card when required to do so. Don Cicleto shall be informed of the loss, theft or deterioration of the subscription card, assuming responsibility for its use until the moment of its communication.
- Deliver the user card to supervisors, authorized or assigned personnel or authorities that require it. Provide them with the name, address or details of their parking spaces in the system.
- Open the parking lot to supervisors, authorized or assigned personnel or authorities, in the event that these, in the exercise of their duties, require them to do so.
- Communicate any changes that may occur in relation to the direct debit and payment data.
- Ensure that all data provided to the service are true.
- Use according to the particular indications and conditions of each parking lot indicated on the website.
Liability for non-compliance
Failure to comply with any of the obligations assumed by the user may result in the Company declaring the user’s temporary or permanent DISMISSAL from the service, and consequently from the computerized contracting system.
Notwithstanding the foregoing, the user declares that he/she is aware and accepts that failure to comply with the user’s obligations will also give rise to the application of the penalties and surcharges in force in the tariff sheet indicated in this contract. Likewise, the service provider may claim for damages caused by the user through ordinary legal proceedings.
Total or partial destruction shall be understood to mean any breakage or damage to the parking lot, bicycle racks, or any objects deposited in the parking lots or bicycle friendly areas and not resulting from the ordinary use thereof.
Limitations on use
- The user is forbidden to lend, rent or transfer to third parties the parking space and/or the user card for access to the Don Cicleto service, as well as any use of the parking spaces contrary to the provisions of this contract and the legal provisions in force.
- The user may not use the parking lots in conditions that are inappropriate for them.
- It will not be allowed to park objects other than the registered bicycle. Partial or total dismantling and/or manipulation of the parking lot is prohibited.
- The use of parking lots for commercial uses is prohibited.
- The use of the Don Cicleto brand and/or logo without authorization is expressly prohibited. No slogans, scratches, graffiti, drawings, graffiti or similar may be painted on the Don Cicleto modules.
- All services and rights not covered here (washing, major repairs, etc.) are completely prohibited.
Amount of penalties for misuse of the service
Don Cicleto has against any user, the right to retain the vehicle as a guarantee of payment of the service provided. The user authorizes the Company to deposit the bicycle on the public road in the event of the following circumstances expressed in article 6 of the law regulating the vehicle parking contract.
Infringement and penalty amount
- Exceeding the time limit on free places 5€/day
- Exceeding the time limit on reserved places 10 €*/day
- Transfer of bicycle due to non-payment and misuse 50 €.
The user expressly authorizes the Company to charge the corresponding penalties to the account in which the payment of the service is domiciled.