General Terms

General Terms and Conditions of Sale

Mustang Road Experiences

Preamble

 

MUSTANG ROAD is a registered trademark belonging to ”Realiza Events, S.L. ”, a Spanish company, domiciled at C/ Alta 45 28110 – (Algete) – Madrid, registered in the Commercial Register of MADRID T 31146, F 15, S 8, H M56055 and with NIF-B86736147. For the purposes of the contract, references to the trade mark or company will henceforth be deemed equivalent.

 

MUSTANG ROAD organises, markets and manages the provision of the “Mustang Experience” service, in its various forms, which consists of providing a FORD MUSTANG vehicle for the Beneficiary to enjoy driving on a pre-planned route, on public roads and in convoys, in which one or more stops will be made at preselected accommodation or catering establishments whose services are also included in the price of the experience, in accordance with the terms of each of its variants.

 

The Client acknowledges that he has been informed in a clear and comprehensible way, before the conclusion of the contract, of the present general conditions, and of all the information indicated in the Royal Legislative Decree 1/2007, especially:

 

  • The main characteristics of the Mustang Experiences.
  • The total price of the selected experience;
  • The date on which MUSTANG ROAD undertakes to provide the service and the Beneficiaries to attend the service;
  • The identity of MUSTANG ROAD, its full address and telephone number and email address;
  • The possibility of making use of an extrajudicial mechanism of complaint and redress to which MUSTANG ROAD is subject and the methods of accessing it.

 

The acceptance of these general conditions of sale by the Client will be an essential requirement for the formalisation of any contractual relationship between the Client and MUSTANG ROAD.

 

The Client is considered to be the person who buys a “MUSTANG ROAD experience” through the website, assuming that the Client may or may not be the Beneficiary of the service, depending on whether or not he makes personal use of the experience or buys it as a gift to third parties.

 

 

 

Definitions

 

Beneficiary: The beneficiary is the person designated by the Client to enjoy the experience. Depending on the type of experience chosen, between 1 and 4 persons may be Beneficiaries.

Beneficiary-driver or simply driver(s): This is the Beneficiary designated by the Client to drive the vehicle provided in the contracted experience. He must necessarily be designated by the Client in name at the time of purchase of the experience or at the beginning of the experience. The driver(s) must be at least 25 years of age, possess a valid original driver’s licence, at least 2 years old, and present his identity card and/or passport.

Client: This is the person who buys a MUSTANG ROAD experience, on the understanding that the Client may or may not be a Beneficiary and may or may not be a Driver.

Employee: This refers to the personnel, whether or not they are full-time employees of MUSTANG ROAD, who manage and direct the development of the experience and the establishments where the ancillary catering or accommodation services are provided.

Personal information: The term means any information about an identified or identifiable natural person, whether directly or indirectly, in particular by means of an identifier, such as a name, an identification number, location data, an online identifier or one or more elements of that person’s physical, economic, cultural or social identity.

 

Experience MUSTANG ROAD or simply the Experience: The term refers to the concept of service provision marketed by MUSTANG ROAD.

 

Website (or “Web” or “Web Page”): The term means the website accessible at the URL: www.mustangroad.es

 

Purpose and scope of application

 

These General Conditions of Sale apply to transactions carried out on the present Website or by telephone on 914529049, from Monday to Friday from 10 am to 7 pm, except on national holidays, will refer to the experience acquired at the time when these conditions were available and will then remain in force in all respects as permanent basis.

 

MUSTANG ROAD reserves the right to change these General Conditions at any time, without prior notice, it being understood that such changes will not apply to previously accepted and confirmed reservations. All previous versions will be cancelled and replaced by these conditions.

 

The Client who buys through the Website must have capacity to conclude transactions and contracts according to current Spanish legislation.

 

These General Sales Conditions are valid as of 01 July 2018.

 

 

 

SALES TERMS AND CONDITIONS

 

 

First: Request for orders and conclusion of the contract

 

The Client can make his requests for MUSTANG ROAD experiences through the Web. In particular, the process of ordering via the Web involves the following steps:

 

  (i) The Client will select on the Web the experience he wishes to purchase and the number of units, thus entering the order in “Your Cart”.

 

  (ii) If he has a promotion code or discount code, it must be entered after the selection in order for the price to be adjusted.

 

  (iii) Subsequently, he will provide the details for the dispatch of the voucher and, if different, the billing details. He will also provide the details of the Beneficiary/s – driver/s. The Client will be responsible for the veracity of the personal data provided to MUSTANG ROAD in order to process the order placed.

 

  (iv) A summary of the order will then appear, showing the choice made with a code and the price of the experience selected, with the possibility of making the necessary changes before clicking on the “Proceed to payment” button.

 

  (v) The order will not be registered until its final validation, which will be manifested by clicking on the “Yes, I confirm the payment” button. However, the contract will not be definitively concluded until the payment has been accepted by the bank.

 

  (vi) Clicking on the “Continue” button will allow the Client to register his order, subject to express acceptance of these General Sales Conditions. Finally, the Client must enter the details of the credit card chosen as the means of payment.

 

  (vii) After final validation of the order by MUSTANG ROAD, the Client will receive an email confirming the order for the MUSTANG ROAD experience, summarising all the elements relating to it. By printing and/or saving this email, the Client will have a means of proof of his order.

 

Second: Conditions of use of the MUSTANG ROAD experiences

 

It is the Client’s responsibility to inform the Beneficiaries of the conditions of use of the experience acquired. The Beneficiaries agree, with the commitment to the realisation of the experience, to abide by the present rules of use.

 

2.1 MUSTANG ROAD experiences are activated by the payment. The date of completion of the experience indicated in the order is mandatory and binding for MUSTANG ROAD as well as for the Client and the Beneficiaries.

 

2.2 The experience voucher sent to the Beneficiary entitles the Beneficiary to participate in the activity chosen by the Client.

 

2.3 The content of the activity is made known to the Client through the purchase channel, prior to this. The Beneficiary is also informed, prior to its performance, whether the Client has provided his email address or agreed in person, at the time of its performance and before its beginning.

 

2.4 For some of the services listed in the experiences, it is essential to make a reservation in the establishments of third-party partners. The Client and the Beneficiaries agree that MUSTANG ROAD will manage such reservations on their behalf.

 

2.5 The content and specific characteristics of the benefits and activities of the experience may be changed or redefined by employees and agents, although each experience should remain as it was in substance and in its essential characteristics. The images on the website are for guidance only and are not contractually binding.

 

2.6 Beneficiaries must be present at the date and time indicated in the experience at the MUSTANG ROAD operational headquarters, Garaje Amazon Sport, calle de Costa Rica, nº 12, 28016 – Madrid.

 

2.7 The Beneficiary(s) – Driver(s) must present their identification documents before the start of the activity. The Beneficiary-driver must also provide proof of a driving licence, a copy of which must be obtained and signed and the specific annex signed.

 

 

2.8 Non-driving Beneficiaries agree, under their own responsibility, to participate in the experience as passengers in the vehicle driven by the Beneficiary-driver. They must comply with the applicable road safety regulations and inform the MUSTANG ROAD personnel if they consider that the Beneficiary-driver is not qualified to operate the vehicle.

 

2.9 The Beneficiaries are required at all times to follow the instructions provided by the dispatcher. Failure to comply with these instructions may result, at the manager’s discretion, in the immediate suspension or cancellation of the activity for the entire group of which the Beneficiary is a member.

 

2.10 The performance of the activities included in the experience is subject to specific conditions for the age and seniority of the driving licence as well as the weather or physical conditions of the Beneficiary(s).

 

2.11 The collaborating catering and accommodation establishments are exclusively responsible for the proper performance of the services agreed with them that form part of the contracted experience. In the case of such services, MUSTANG ROAD only acts as the reserve manager.

2.12 Failure by the Beneficiaries to appear at the scheduled time for the commencement of the experience will result in the loss of the right to enjoy it, without there being any right to reimbursement of any kind.

 

2.13 The experience does not include transport to the place of the activity or extra costs.

 

2.14 MUSTANG ROAD and the collaborating institutions selected by it are holders of professional liability insurance policies for clearly sufficient amounts and hold all the authorisations or permits that enable them to carry out their activities. The Beneficiary is reminded that the provision of the services in good safety conditions does not exempt him from observing the basic rules of prudence for high-risk activities. Consequently, he accepts the risks inherent in the activity in which he participates.

 

2.15 MUSTANG ROAD reserves the right to terminate its relationship with one or more partner establishments during the interim period between the purchase of the experience and its completion date, in particular in order to ensure an optimal level of quality of services. In such a situation, MUSTANG ROAD will undertake to offer the Beneficiary an activity equivalent to the one initially chosen.

 

2.16 The Beneficiary must take all appropriate measures to protect and preserve the reference number or voucher that has been sent to him by the Client. MUSTANG ROAD will not be liable for any communication to the public or disclosure of such confidential information.

 

2.17 MUSTANG ROAD reserves the right not to respond to claims by Beneficiaries who have purchased or sold, or who have attempted to purchase or sell, an experience reserve outside the official distribution network, in particular on retail websites.

 

Third: Price and terms of payment

 

3.1 Price

 

The prices of the MUSTANG ROAD experiences are those listed on the Website at the time the Client places the order.

 

In accordance with the applicable legislation, the detailed price already includes the indirect taxes applicable to the services which constitute the subject of the supply.

If the Client so requests, it is possible to send a paper voucher to the Beneficiary’s address. The transport costs, as a consequence of sending the vouchers, are not included in the price of the experiences. These expenses are invoiced as a supplement and are subject to VAT at the general rate in force.

 

3.2 Terms of payment

 

The payment of the order may be made through:

 

  • Credit card, with bank card (Visa, Eurocard/Mastercard, AMEX), indicating in the section provided for this purpose its validity date, as well as its control code located on the back of the card. The full amount of the order will be deducted from the bank card on the day of the order.
  • PayPal indicating in the section provided for this purpose the data required by Paypal.
  • A promotion or discount code MUSTANG ROAD Experience: to make this payment, you must enter the code directly online in the corresponding box. In the event that a part of the price must be supplemented because your order has a price higher than the value of your promotion or discount, you could pay the difference by credit card or Paypal.

 

MUSTANG ROAD reserves the right to suspend the processing of the order in the event of refusal of payment authorisation by Paypal or the bank. MUSTANG ROAD guarantees the confidentiality and security of the Client’s bank details transmitted through the Web when placing the order (secure entry by SSL encryption).

 

3.3. Security of payments

 

In order to protect Clients against any fraudulent commercial practices, orders for MUSTANG ROAD experiences will be subject to regular checks. Within this procedure, our services may interrupt the processing of an order and contact the user or the recipient to obtain the necessary documents to unblock the order: proof of address, personal identity or credit. These receipts must correspond to the delivery and billing data entered by the user when placing the order and, if applicable, with the credit or debit card data used for payment.

 

When an order includes a delivery address other than the billing address, our services may contact both the person indicated as the recipient of the invoice and the person receiving the delivery.

The information obtained during this procedure may be included in an automatic data processing process, the purpose of which is to define the level of security of transactions and to combat bank card fraud.

The supporting documents may be requested by email, post or telephone. Refusal to provide them may lead to the unilateral cancellation of the order.

 

Fourth: Right of withdrawal

 

Given that the services included in the MUSTANG ROAD experiences fall into the categories defined in art. 103.l) RDL 1/2007 and the contracts provide for specific performance dates, the purchase of an experience will NOT GRANT THE BUYER ANY RIGHT OF WITHDRAWAL.

 

Fifth: Proof of orders/files

 

Except for obvious errors, for which the Client is responsible for proof, the data stored in MUSTANG ROAD’s databases have the value of proof with respect to the orders placed.

Data in computerised or electronic form which is stored regularly constitutes admissible and enforceable evidence in the same terms and with the same probative value as any document received and kept in writing.

 

Sixth: Error in the order

 

The Client must send a registered letter with acknowledgement of receipt or email (section “Contact us” on the Website) within 72 working hours from the date of placing the order, for any error relating to the services provided in the context of the experience contracted or to the persons who will be Beneficiaries.

In the event that the error is attributable to MUSTANG ROAD, it will take the necessary steps to correct it, without any additional charge.

In the event that the error is attributable to the Client, MUSTANG ROAD will also take the necessary steps to correct it, if possible. In this case, it may pass on to the Client any costs that such corrections may have entailed.

 

Seventh: Client service – complaints

 

Any request for information, in particular regarding the purchase, services included, errors, etc…. must be addressed to the Client Service Department by telephone at +34 914 529 049 from Monday to Friday from 9.30 am to 7 pm, except on public holidays (taking into account the public holidays in the city of Madrid), through our website, in the section “Contact”, or by ordinary mail to the following address: info@mustangroad.es

 

MUSTANG ROAD reserves the right not to pursue the claim of a Beneficiary who has purchased his experience outside the traditional distribution network and especially in the case of purchase from a private individual.

 

Eighth: Privacy notice

 

Article 8.1: Data protection

 

In relation to the personal data provided by the Client when requesting an order through the Web, Mustang Road strictly complies with the current regulations established in Law 15/1999 on the Protection of Personal Data and other legislation that develops it, and informs the Client that the said data will be included in a file for automated processing, with the Client giving consent by accepting these general conditions to such processing, for processing the order, for sending advertising and for requesting information on products and services and for improving the quality of the service.

MUSTANG ROAD may transfer the personal data collected to third parties, for the purposes established in the previous section, as well as to the Public Administrations and authorities that may request them.

 

The Client will have a full right to exercise his rights of access, rectification, cancellation and opposition at any time, and refuse the consent previously provided by sending an email to info@mustangroad.es or by ordinary mail to the following address: MUSTANG ROAD Av. De Fuencarral nº 44, edificio 9 oficina 34, 28108 Alcobendas (Madrid)

 

In any case, MUSTANG ROAD undertakes to cancel the personal data collected when they are no longer necessary or relevant for the purpose for which they were collected.

 

MUSTANG ROAD will guarantee the absolute confidentiality and privacy of the personal data collected. However, MUSTANG ROAD cannot fully guarantee the absolute invulnerability of its security systems, since no security measure that is installed can currently be unbreakable. Therefore, MUSTANG ROAD will not be held liable in any case for any incidents that may arise with respect to personal data when they are the result of an attack or unauthorised access to our systems, in such a way that it is impossible to detect them through the security systems.

 

If you do not complete an order, you may receive an email from our company to remind you to purchase.

 

Article 8.2: Cookies

 

We use unique identifiers or “cookies” to enable our systems to recognize your device and to provide our services to you. For example, cookies make it possible for you to be identified when you register on our Website, collect information about your computer and Internet connection and the version and type of your browser and visit history and perform diagnostic analysis to improve the content of the Website.

 

Cookies offer you the ability to take advantage of many of the essential features of Mustang Road. You can allow, block or delete cookies installed on your computer by configuring your Internet browser settings. If you do not allow cookies to be installed on your browser, you may not be able to access some of the services and your experience on the Web may be less satisfactory.

 

For more information about cookies and how we use them, please read our Privacy Policy.

 

Ninth: Intellectual and industrial property rights

 

The Website, its contents and Intellectual Property rights, the programming and design of the Website, are fully protected by copyright, and their reproduction, communication, making available, dissemination and distribution are prohibited, unless you have the required authorisation.

 

Likewise, all the distinctive signs that appear on the website are the property of MUSTANG ROAD of its suppliers or third parties, and are duly registered, and their reproduction or distribution in any medium is prohibited without the due, prior and express authorisation of their owner.

 

Mustang Road reserves the right to unilaterally change the presentation and configuration of the website, its contents and information.

 

Tenth: Applicable law

 

These General Conditions of Sale and the contract concluded on the occasion of an order for MUSTANG ROAD experience will be governed by Spanish law.

 

Before initiating any dispute proceedings, the parties undertake to seek an amicable settlement within 30 days. The European Commission offers a platform for alternative dispute resolution, which you can access here: http://ec.europa.eu/consumers/odr/.

 

In the event that an amicable solution cannot be reached on this issue, the Client may request consumer mediation from his municipal consumer information office (OMIC), located in the town hall, or from the Autonomous Community of Madrid, or from the consumer organisation of which he is a member.

 

Both parties agree to submit to the exclusive jurisdiction of the courts of the Client’s domicile in Spain.

 

Eleventh: Completeness of the contract

 

In the event that one of these provisions is declared null and void or is deemed to be ineffective, the validity of the other provisions of the General Conditions of Sale will not be affected.