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Motocross Chieve

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A) GENERAL TERMS AND CONDITIONS FOR WEBSITE USE

GENERAL INFORMATION AND SCOPE OF APPLICATION

These General Terms establish the legal terms applicable to the use of the website www.pistamotocrosschieve.it and the services offered by:

SSD Motoclub Zeta MX Park a r.l. Registered Office: 26827 Terranova dei Passerini (LO) – via IV Novembre 18 VAT Number: 10905100961 Hereinafter referred to as “SSD Motoclub Zeta” or “the Company.”

The services covered by these terms include the individual or combined purchase of motorcycle rental services, with or without an instructor, with or without protective gear, and optional insurance, through the Website (“Services” and “Products”). The “product sheet” available on the Website provides details about the main features, initial prices, final prices (in case of discounts), and availability. All Website customers are subject to these General Terms and should retain a digital and/or printed copy. The Company offers Services and Products only to customers of legal age who qualify as “consumers,” meaning individuals acting for purposes unrelated to any commercial, economic, or professional activity. The Company reserves the right to refuse orders from non-consumers and/or individuals under 18 years of age or those who do not comply with its commercial policy. The Company reserves the right to modify these General Terms. Modifications will not apply to orders already accepted. Any modifications and/or new conditions will be effective from the date of their publication on the Website. Users are encouraged to check the Website regularly for updated General Terms. The applicable General Terms are those in effect at the time the Customer places an order for a Service and/or Product. The Customer acknowledges and agrees that continued use of the Website services after the effective date of any modifications will be interpreted as acceptance of and agreement to be bound by the updated General Terms. The Company may include hyperlinks to other websites or resources managed by entities other than the Company. The Company is not responsible for the content or accuracy of external pages, nor does it guarantee the availability of such websites or resources. The Company does not endorse and is not responsible, directly or indirectly, for the data processing, content, advertisements, products, or other materials on such websites or resources, nor for any damages resulting from or related to the use or reliance on such content, goods, or services. The Website is available in Italian, French, and English.

ELIGIBILITY FOR PURCHASE/BOOKING

To make purchases/bookings on the Website, the Customer must provide personal data, including full name, phone number, email address, and any other required information as indicated in the order form. Additionally, the Customer must provide valid and correct payment details, subject to the terms of Article 8, “Payments and Prices.” The Company reserves the right to refuse orders from Customers who, at its sole discretion, violate these General Terms or applicable laws.

SERVICE SUSPENSION

SSD Motoclub Zeta reserves the right to modify, suspend, and/or terminate, at any time and at its sole discretion, the provision of the Website in whole or in part, without prior notice and without any obligation of compensation or reimbursement. The Company may suspend service provision at any time for security reasons.

WEBSITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

The contents of the Website, including but not limited to works, sounds, videos, images, trademarks, and other materials, are protected by copyright and other intellectual property rights belonging to SSD Motoclub Zeta and respective rights holders. Any use not expressly authorized in writing by the Company is prohibited. The Website is for personal and non-commercial use only. Customers may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, extract data, or sell any content, software, product, or service contained on this Website. The Customer may not use the Website or its content for commercial purposes, including revenue-generating advertising activities. All trademarks used on the Website are the property of their respective owners and are used by the Company as the owner and/or under license solely for the purpose of identifying, describing, and advertising published/sold services. Unauthorized use of SSD Motoclub Zeta trademarks is prohibited. Trademarks cannot be used to gain undue advantage from their distinctive nature or reputation, or in a way that could harm them or their owners. Users may not modify, adapt, translate, decompile, or attempt to access the source code of the Website’s software, nor circumvent technical limitations or use it for unauthorized purposes.

ERRORS AND LIABILITY LIMITATIONS

The Company cannot guarantee uninterrupted operation of the Website due to the nature of the Internet. While every effort is made to ensure seamless access, the Website may experience updates, interruptions, or suspensions. SSD Motoclub Zeta makes no warranties beyond those explicitly stated in these General Terms. Customers use the Website at their sole risk and must follow the instructions provided by the Company. The Company does not guarantee the accuracy and timeliness of Website content. Product information is updated regularly but may contain errors. SSD Motoclub Zeta reserves the right to correct any errors, inaccuracies, or omissions and to modify or update information at any time without prior notice.

CUSTOMER SUPPORT

For assistance with Products or any inquiries, suggestions, or complaints, users may contact SSD Motoclub Zeta MX Park a r.l. at any time via the contact form or the following email address: info@pistamotocrosschieve.it

B) GENERAL TERMS AND CONDITIONS OF SALE AND SERVICE BOOKING

PRE-CONTRACTUAL INFORMATION
SSD Motoclub Zeta informs the Customer that:
To complete the purchase of one or more services on the Website and/or book any Service, the Customer must:

(i) Fill out an electronic order form, specifying:

  • Whether they intend to use the motorcycle rental service, the motorcycle with instructor service, or just the instructor;
  • The date and time slot of the booking;
  • The motorcycle chosen from those available on the website, including its characteristics;
  • Their level of experience from the selectable options;
  • Whether they wish to purchase an insurance contract for motorcycle damage (so-called Kasko);
  • Whether they wish to rent riding gear.

(ii) Accept the applicable General Conditions electronically by following the instructions that will appear on the Website and will guide the various stages of the purchase/booking process, including the value of the requested service.

The contract is concluded when the Customer receives an order confirmation and acceptance email after SSD Motoclub Zeta MX Park a r.l. has registered the order form and verified the accuracy of the order details and payment.

Before submitting the order form, the Customer may identify and correct any data entry errors by following the instructions provided on the Website during the various purchase stages.

Once the order form is registered, the Company will send the Customer a confirmation email containing a summary of these General Conditions, information about the purchased Service, a detailed breakdown of the price, the payment method used, instructions on the right of withdrawal, any additional costs, and information about customer support. It is recommended to keep this email as proof of purchase or save it on a durable medium.

The order form will be stored by SSD Motoclub Zeta for the time necessary to process the order and, in any case, in accordance with legal requirements. To access their order form, the Customer may consult their personal area on the Website, where they will find a list of all their orders.

PAYMENTS AND PRICES
All prices displayed on the Website are in Euros (€) and include VAT. Any applicable fees will be explicitly indicated and inclusive of VAT. Such amounts will be highlighted separately on the order form before submission and in the order confirmation email.

The Customer will be charged the price of the Service as indicated on the Website at the time the order is placed.

SSD Motoclub Zeta MX Park a r.l. will process the order only after receiving payment authorization for the total amount due, consisting of the price and any additional costs as indicated on the order form.

SSD Motoclub Zeta MX Park a r.l. reserves the right not to confirm orders from users with whom there are ongoing disputes or in cases specified in Article 2.2.

Payment must be made by credit card, governed by the terms and conditions of the payment provider, which will independently manage the entire payment process.

All details (e.g., card number or expiration date) will be transmitted via encrypted protocol to the payment service providers, who provide remote electronic payment services to the Company, without any third-party access.

At the time the order is submitted, no charge will be made to the Customer’s credit card. The charge will only be processed after:

  • The credit card details used by the Customer are verified, and
  • The issuing company of the Customer’s credit card authorizes the charge.

AVAILABILITY
The Services offered on the Website are subject to limited availability. The Company is under no obligation to complete the sale of a Service with incorrect prices and reserves the right to refuse or cancel orders and services listed with erroneous prices.

In case of unavailability of the ordered Service, the Customer will be promptly informed via email, and the purchase order will be canceled. If payment has already been made, SSD Motoclub Zeta will refund the amount paid by the Customer as soon as possible and, in any case, within thirty (30) days from the day following the order submission. The refund amount will be communicated via email and credited using the same payment method used for the purchase or via bank transfer.

The Company disclaims any liability for delays in the refund process caused by the bank or the type of credit card used. In any case, the value date of the refunded amount will be the same as the original charge.

SSD Motoclub Zeta offers the Customer the opportunity to purchase additional services provided by third parties (e.g., riding lessons with an instructor). In such cases, the terms and conditions of the respective third party apply.

WITHDRAWAL AND REFUND POLICY
The Customer has the right to cancel their order for any reason within 14 calendar days without providing explanations and without any penalties, except in cases where the right of withdrawal is excluded under Article 59 of the Consumer Code. This applies to services where performance has begun with the express agreement of the consumer and acceptance of the loss of the right of withdrawal once the service is fully performed by the Company.

Before the withdrawal period expires, the Customer must send a written, clear declaration of their decision to withdraw from the contract via email to *******************.

The withdrawal period expires after 14 days from the conclusion of the contract unless the service is to be performed within a shorter period.

If the withdrawal period has expired or in cases outlined in section 10.3, the following refund policy applies depending on the notice period relative to the scheduled service date:

  • Withdrawal up to *** days before: FREE CANCELLATION
  • Withdrawal at least 48 hours before: ***% REFUND
  • Withdrawal less than 48 hours before: NO REFUND

If a refund is due under these rules, SSD Motoclub Zeta MX Park a r.l. will reimburse payments received from the Customer without undue delay and, in any case, within 14 days from the day they are informed of the Customer’s decision to withdraw from the contract.

Refunds will be processed using the same payment method used by the Customer for the initial transaction unless otherwise agreed, and provided that the Customer does not incur any costs as a result of the refund.

In addition to the cases mentioned in section 1.2 (non-consumer customers and/or those requesting an invoice), the right of withdrawal is excluded in any other situation provided by applicable law.

WARRANTIES AND NON-CONFORMITY OF SERVICES
In case of inadequate or non-conforming service, the Customer must immediately contact Customer Service by sending an email to ********************.

The sale of Services is subject to the legal guarantees provided by the Consumer Code. The Customer has the right, at their discretion and where the nature of the Service allows, to a repeat of the service, an appropriate price reduction, or termination of the contract.

The Legal Warranty does not cover damages caused by improper use or care by the Customer. Additionally, malfunctions, defects resulting from accidental events, or misuse by the Customer are excluded from the Legal Warranty.

C) SPECIAL TERMS AND CONDITIONS FOR MOTORCYCLE RENTAL AND USE

CUSTOMER RESPONSIBILITY
SSD Motoclub Zeta provides the Customer with the motorcycle (selected by following the procedure indicating its characteristics) for the agreed period.
By using the service, from the moment the motorcycle is collected for track access, the Customer certifies that:

  • The selected motorcycle is in excellent maintenance condition and must be returned in the same state;
  • The assigned clothing and protective gear (certified and approved in accordance with legal regulations) suitable for protection and safety are appropriate to their body type;
  • They are in good health and have no pre-existing medical conditions and/or injuries that may pose risks during the sports activity; they do not consume substances and/or medications that have contraindications for such activities; they are psychologically and physically fit to handle the track they have already reviewed and deemed safe and suitable for their abilities;
  • They have read, understood, and evaluated each point of this document before signing it (even if they are not a native speaker). They fully understand and agree with the purpose of these rules established for their safety and acknowledge that non-compliance may endanger themselves and others.

RULES FOR EVERYONE’S SAFETY
The Customer declares that they are aware of the Circuit Regulations and agrees to the following rules, committing to comply with them:

  • Drive the motorcycle at walking speed within the paddock area;
  • Choose the circuit appropriate to their experience and skill level, with the Company reserving the right to assign a more suitable circuit if the track staff deems the Customer’s or third parties’ safety at risk;
  • Not to transfer the assigned motorcycle to other persons, and in any case, the Customer will be held responsible for any damages caused;
  • Always park the motorcycle within the designated Rent Bike Area;
  • Repairs due to malfunctions and technical failures not attributable to the rider are included in the price;
  • Damages to the motorcycle caused by accidents, falls, and improper handling are always and in every case the responsibility of the rider (unless the insurance clause is signed in advance);
  • The staff of Motoclub Zeta/Motocross Chieve reserves the right to remove customers from the facility if they fail to comply with the rules or the instructions given by the staff;
  • The regulations provide for pre-established hours, shifts (if necessary), maintenance breaks (for example, but not limited to, watering or draining the tracks), and therefore no refund (either partial or full) will be issued for the track’s closure due to ordinary maintenance or extraordinary service interruptions caused (for example, but not limited to) by assistance provided to riders and/or personnel involved in accidents/falls within the circuit.

D) GENERAL TERMS AND CONDITIONS – FINAL PROVISIONS

INFORMATION ABOUT THE EUROPEAN “ONLINE DISPUTE RESOLUTION” PLATFORM
The Customer is informed that, in order to resolve disputes without resorting to the ordinary judicial authority for parties residing or based in the European Union, the European Online Dispute Resolution platform is available via the following link:
👉 https://webgate.ec.europa.eu/odr

APPLICABLE LAW AND JURISDICTION
This Contract is governed by Italian law.
Without prejudice to the previous article, the Customer acknowledges that if they act as a consumer, the competent court for any dispute will be exclusively the court of their place of residence.

It is also agreed that Article 7, point 1 of European Regulation No. 1215/2012 applies, which, in contractual matters, provides for the jurisdiction of the court in the place where the obligation in question was or should have been performed. For service provisions, this means the place located in a Member State where the services were or should have been performed under the contract.

Except in cases of mandatory jurisdiction, for all other disputes, the parties identify the competent court within the Italian territory as the Court of Milan.

PREVALENCE OF THE ITALIAN LANGUAGE VERSION OVER TRANSLATIONS
In the event of any inconsistency between this version and the Italian version, the Italian version shall prevail, with the English/French/German version being a mere translation.

PERSONAL DATA PROCESSING
SSD Motoclub Zeta protects the privacy of its customers and ensures that data processing complies with the privacy regulations outlined in EU Regulation No. 2016/679 (the so-called GDPR). The policy for the processing of personal data is further detailed at the following link ——– (Insert Privacy Policy link here).

SPECIFIC APPROVAL OF CLAUSES UNDER ARTICLES 1341-1342 OF THE ITALIAN CIVIL CODE

Pursuant to and for the purposes of Articles 1341-1342 of the Italian Civil Code, by providing express acceptance during the purchase/booking process on the Website, the Customer declares to have carefully read and specifically approved the following clauses and articles:

  • Article 3 (Service Suspension)
  • Article 4 (Errors and Liability Limitations)
  • Article 5 (Liability Limitations)
  • Article 10 (Withdrawal and Refund Policy)
  • Article 11 (Service Warranty and Non-Conformity)
  • Article 12 (Customer Responsibility)
  • Article 13 (Rules for Everyone’s Safety)
  • Article 14 (Information on the ODR Platform)
  • Article 15 (Applicable Law and Jurisdiction).