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Legal notice and terms of use
1. Identification of the data subject
In accordance with Law 34/2002 on information society services and electronic commerce, we hereby state that the owner of this website is:
Headline: José Antonio Martínez Rubio
Tax Identification Number: 45889175N
Trade name: Paddock Motorbike
Activity: Motorcycle and scooter hire (self-drive)
Address: Av. Rafael Puig Lluvina, 32, Unit 29, 38650 Playa de las Américas, Santa Cruz de Tenerife, Spain
Telephone: +34 641 439 731
Email: info@paddockmotorbike.com
Website: https://paddockmotorbike.com/
José Antonio Martínez Rubio carries out his business activities as a sole trader or self-employed person under the trading name Paddock Motorbike.
2. Purpose of the website
The purpose of the website is:
- To provide information on the motorbike and scooter hire services offered by Paddock Motorbike.
- Display the available fleet, vehicle specifications, rates and additional services.
- Enable users to check availability and make bookings.
- To make it easier to get in touch with Paddock Motorbike.
- To provide tourist information, itineraries, recommendations and content relating to driving and tourism in Tenerife.
- To facilitate access to associated services, such as Paddock Rider.
Access to and use of this website confers the status of user and implies acceptance of this legal notice insofar as it is applicable.
3. Terms and conditions of access and use
The user undertakes to use the website lawfully, responsibly and in good faith.
The following is prohibited:
- To use the website for unlawful or fraudulent purposes, or in a manner that infringes the rights of third parties.
- Introducing viruses, malicious code or any other element that may damage, disrupt or alter the functioning of the website.
- Attempting to gain unauthorised access to private areas, databases, computer systems or other users’ accounts.
- Making false bookings or deliberately providing incorrect details.
- To impersonate someone else.
- Using automated systems to extract large amounts of information, prices, images or content without authorisation.
- To carry out any action that overloads or damages the website or its services.
Paddock Motorbike may restrict or block access should it detect any fraudulent or abusive use, or use that contravenes these terms and conditions, without prejudice to any appropriate legal action.
4. Bookings and contracts
The general information published on the website does not replace the terms and conditions applicable to each booking.
Before completing a booking, the customer will be able to view:
- The chosen motorbike.
- Dates and times.
- Delivery and return locations.
- The total price.
- The applicable taxes.
- The bail.
- The selected cover and excess.
- Accessories and additional services.
- Cancellation terms.
- Driver requirements.
Bookings and tenancy agreements are governed by the General Terms and Conditions of Booking and Hire, the specific terms and conditions set out during the process and the relevant individual contract.
In the event of any discrepancy, the specific terms and conditions accepted for a booking shall take precedence over the variable details specific to that booking, such as the model, dates, times, price, deposit, excess or additional services.
5. Availability, prices and errors
Paddock Motorbike endeavours to ensure that information relating to motorbikes, prices, availability and services is kept up to date.
However, technical errors, typographical errors, synchronisation errors or unforeseen availability issues may occur.
The fact that a motorbike is listed on the website does not in itself guarantee its availability until the booking has been confirmed.
If, after the booking has been made, an obvious error is detected in the price, availability or essential characteristics, Paddock Motorbike will inform the customer as soon as possible and will offer, as appropriate:
- Amend the booking following the customer’s confirmation.
- To provide a suitable alternative.
- Cancel the booking and refund the full amount paid.
Paddock Motorbike will not unilaterally change the price of a confirmed booking unless there is a clear and verifiable error, or the customer subsequently requests a change or an additional service.
The published prices will include any applicable taxes, or it will be clearly stated that they are included before the booking is confirmed.
6. Intellectual and industrial property
Unless otherwise stated, the content of this website belongs to José Antonio Martínez Rubio or is used with the appropriate authorisation.
This includes, amongst other things:
- Trade name: Paddock Motorbike.
- Logos and graphic elements.
- Website design and structure.
- Photographs and videos.
- Texts and descriptions.
- Routes, maps and our own content.
- Promotional material.
- Databases and content selection.
- Proprietary software and technical components.
Access to the website does not confer any ownership rights over this content on the user.
Users may view the website and make copies for personal use where necessary to check a booking or arrange a service.
The reproduction, distribution, modification, sale, public communication or commercial use of the content is prohibited without prior authorisation, except in cases permitted by law.
Trademarks, photographs, maps, reviews and content belonging to third parties shall remain the property of their respective owners.
7. Paddock Rider, routes and tourist attractions
The routes, recommendations, maps, places of interest, forecasts, webcams and other tourist information provided by Paddock Motorbike or via Paddock Rider are for guidance purposes only.
Road conditions, access routes, car parks, natural areas, weather, traffic and facilities are subject to change without prior notice.
The user must:
- Obey road signs and traffic regulations.
- Check the condition and accessibility of the roads.
- Check weather warnings and official restrictions.
- Adapt your driving to your experience, the vehicle and the prevailing conditions.
- Do not enter closed, restricted or unsuitable roads.
- Always follow the instructions given by the authorities.
A route recommendation does not constitute a guarantee of safety, accessibility or availability.
Paddock Motorbike shall not be liable for changes, closures, errors in external services or decisions taken by the user in disregard of signage, actual conditions or instructions from the authorities, without prejudice to any liabilities that cannot be excluded by law.
8. External links
The website may contain links to third-party websites or services, such as:
- Google Maps.
- Social media.
- WhatsApp.
- Weather platforms.
- Webcams.
- Public bodies.
- Recommended businesses, shops or places.
These links are provided for the user’s convenience. Paddock Motorbike does not continuously monitor their content, availability, security or privacy policies.
Access to an external website is subject to the terms and conditions and policies of the relevant third party.
The inclusion of a link does not necessarily imply that there is a commercial relationship, sponsorship or endorsement of all the content on the linked site.
If Paddock Motorbike becomes aware that a link leads to unlawful or harmful content, it will take reasonable steps to remove it.
9. Website availability and performance
Paddock Motorbike takes reasonable steps to ensure that the website remains available, secure and up to date.
However, it cannot guarantee that the service will be permanently available or entirely free from errors, particularly where the following apply:
- Maintenance or updates.
- Server or hosting provider faults.
- Connection problems.
- Cyberattacks.
- Errors caused by plugins or external services.
- Circumstances beyond our control.
Temporary website disruptions will not affect bookings that have already been confirmed.
If the booking system is unavailable, users can contact us by telephone, WhatsApp or email.
10. User responsibility
The user is responsible for:
- The accuracy of the information provided.
- Keep your contact details up to date.
- Check the details before confirming a booking.
- Keep a record of any messages, links or codes relating to your booking.
- Use devices and connections that are reasonably secure.
- Check your email and your spam folder.
- Please report any errors or unauthorised use of your data.
Paddock Motorbike shall not be liable for any loss or damage caused by incorrect information provided by the user, by the user’s failure to fulfil their obligations, or by access by third parties resulting from a failure to safeguard the information attributable to the user.
11. Limitation of liability
Paddock Motorbike shall be liable for any damage directly attributable to it in accordance with the applicable legislation.
Nothing in this legal notice excludes or limits:
- Liability for wilful misconduct or gross negligence.
- The statutory rights of consumers and users.
- Any liability that cannot be lawfully excluded.
Paddock Motorbike shall not be liable for damage caused solely by:
- Unlawful or improper use of the website.
- Failure by the user to comply with these terms and conditions.
- Viruses or malicious software originating from outside their systems and reasonable security measures.
- Outages of external services beyond your control.
- Out-of-date information provided by third parties.
- Decisions taken whilst disregarding official notices, traffic signs or actual traffic conditions.
12. Data protection
Personal data collected via the website will be processed in accordance with the Privacy policy from Paddock Motorbike.
This policy sets out, amongst other things:
- Identity of the data controller.
- Data processed.
- Purposes and legal bases.
- Booking and contract management.
- Communications to SES. Accommodation.
- Document verification.
- GPS geolocation.
- Recipients and suppliers.
- Retention periods.
- Rights of data subjects.
Requests relating to data protection may be sent to:
13. Cookies
The website uses essential technical cookies and, where the user consents, performance and analytics cookies.
Information on the cookies used, their providers, purposes, duration and available options can be found at the Cookies policy.
Users can accept all cookies, accept only those that are necessary, or configure their preferences using the panel displayed on the website.
14. Electronic communications
The user agrees that communications relating to enquiries, bookings and contracts may be carried out via the email address, telephone number or WhatsApp contact details provided.
These communications may include:
- Booking confirmation.
- Link to online check-in.
- Request for documentation.
- Information on delivery and returns.
- Contract and terms and conditions.
- Incident reports.
- Information on payments, deposits, damage or penalties.
These communications form part of the service requested and are not of an advertising nature.
Paddock Motorbike does not currently send out newsletters or general marketing communications.
15. Reporting content or issues
If a person considers that any content on the website:
- It infringes your rights.
- Misuses an image or trademark.
- It contains incorrect information.
- It links to illegal content.
- It poses a security risk.
You can report this to:
The notification must sufficiently identify the content concerned and explain the reason for the request.
16. Language and translations
The original version of this legal notice was drafted in Spanish.
Versions available in other languages may have been generated or assisted by machine translation systems and may contain errors, omissions or differences in interpretation. We recommend consulting the Spanish version.
In the event of any discrepancy, the Spanish version shall prevail, without prejudice to any mandatory rights to which the user is entitled under applicable legislation.
17. Amendment to the legal notice
Paddock Motorbike may amend this notice to bring it into line with:
- Legal changes.
- New services.
- Technical changes to the website.
- Changes to the suppliers used.
- New features.
The current version will be the one published on this page, showing the date of its last update.
Changes to the legal notice will not retroactively alter the specific terms and conditions of bookings that have already been confirmed.
18. Applicable law and jurisdiction
This legal notice is governed by Spanish law.
Any dispute shall be referred to the courts and tribunals having jurisdiction in accordance with the applicable legislation.
Where the user is a consumer, the rights and remedies set out in consumer and user legislation shall be respected, without requiring the user to waive their right to bring proceedings before the courts with which they are legally entitled to do so.
Paddock Motorbike has official complaint forms available to customers at the shop.