Dirtwheels is a private website built solely from the passion of riding Dirt Bikes responsibly off road with a simple aim of bringing together Motorcycle Adventure Seekers and Adventure providers. The web platform makes this process easy by providing an easy to use and intuitive search facility.
At Dirtwheels we are passionate about this brand new platform and so welcome your feedback which you can by using the clicking the contact the team link at the bottom of the page.
"The annotation contains a short explanation but is not legally binding."
- To the best of its ability, Dirtwheels will make efforts to provide the Platform with due care. You accept that the Platform, only contains the functionalities and other characteristics as it contains at the moment of your use ("as is" and "as available"). Each and every use of the Platform is for your own risk and responsibility.
- Dirtwheels is at all times, without in any way becoming liable to you, entitled to make procedural and technical alterations and/or improvements to the Platform.
In other words:
- Use of the Platform
- In using the Platform, you can view all offers published by Providers ("Providers") (which offers are referred to as "Adventures"), submit enquiries ("Enquiries") with the Providers, make a booking ("Booking") for such Experience Offers and write reviews. A Booking placed through the Platform forms a binding agreement between you and the Provider if the Provider accepts your Booking. Enquiries, however, are non-binding. If you have any questions, complaints or remarks about a Provider, an Adventure Offer, a Booking or a Enquiry, you can contact Dirtwheels through the Platform.
- You and the Provider are solely responsible for the correct performance and execution of a Booking, which – from your side – includes the correct provision of the required information in making a Booking.
- You are solely responsible and liable for the content you submit, which includes the reviews you write.
- Finally, when using our Platform you shall adhere to the following rules. You may not:
- use the Platform with a device that contains viruses, Trojan horses, worms, bots or other malicious software that can alter, damage, disable, infect or delete the Platform or make it unavailable or inaccessible;
- deliberately involve manual or automated software, devices, or other processes to "crawl", "spider" or scrape any content on the Platform;
- reproduce or decompile the Platform or to apply reverse engineering to it, unless permitted by mandatory law;
- remove and/or to circumvent security measures or technical limitations (including limitations to the use) of the Platform.
In other words:
"After you’ve chosen an adventure, made an enquiry and or booking for this adventure and entered all of your correct personal data, you will engage in a contract with the actual provider of the adventure. Dirtwheels can in no way be held responsible if issues (however unlikely) arise between you and the adventure provider, but we will help you in resolving the issue. Also, you cannot use our platform in any inappropriate way, so no spreading viruses, hacking or spamming etc."
- Prices and Payment
- Your use of the Platform is free of charge. Providers charge their own fees for their adventures. Please be aware that you might owe the Provider (part of) the fee in case you make a Booking. We have no influence on, are not involved in and are not liable for your payment of Bookings.
- When using the Platform all prices will be in £ UK Sterling.
- Since the Providers are responsible for the payments terms, you cannot derive any rights from the currencies or payment methods available at a certain moment. Furthermore, Dirtwheels is not responsible for and has no influence on the applicable payment terms.
In other words:
"The use of our platform is free of charge. Please be aware that specific payment terms of the Providers apply to payment of the adventures."
- IP Rights
- By providing reviews and other content, you grant Dirthweels a royalty-free, worldwide, non-exclusive, sublicensable and transferable right to reproduce this content and make it available on the Platform, including the right to use (parts of) this content, for promotional purposes and other services in connection with the Platform.
In other words:
"Please respect our intellectual property rights and the rights of the Adventure Providers. We do the same with the content you upload; your content will preserve whatever copyright and other IP rights it had when uploading to our platform."
- In order to make use of the Platform it is required that you provide Dirtwheels with personal information such as your name and email address. The provision of this information is subject to GDPR regulation. Dirtwheels only uses your personal data in accordance with GDPR regulation.
- In order to submit an enquiry or make a booking, you may be required to provide personal data to a Provider. The Provider is responsible for the processing of such data and shall do so in accordance with its own privacy statement. We shall not be liable for any damages incurred by you due to the processing of your personal data by a Provider.
In other words:
- Dirtwheels liability, whether based upon (attributable) default, unlawful act or any other ground, is limited to direct damages only and shall not exceed the amount of UK Sterling 250 in a contracting year per event (a sequence of events will be regarded as one event).
- Direct damage shall solely mean:
- Damage to property;
- Reasonable expenses incurred to prevent or limit direct damages that could be expected from the event on which is the liability is based, and
- reasonable costs incurred in determining the cause of the damage.
- Any liability on Dirtwheels part for damages other than direct damage, including but not limited to indirect loss, consequential loss, loss and/or damage of data or content, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
- In case you made a Enquiry or booked an Adventure with the Provider directly, while you initiated the contact with the provider through our Platform and you did not inform us immediately – in every case within five (5) working days and under no circumstances after the date of arrival – about such act outside our Platform, Adventure will no longer accept any liability with regard to the Platform or any services provided in relation to the Platform.
- The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or wilful recklessness on the part of Dirtwheels or its managers ("own actions").
In other words:
"In the unlikely event of something going really wrong while using our services, we cannot be held liable to pay damages of over UK Sterling 250, except in the unthinkable event of us causing a problem intentionally or acted recklessly."
- Warranties and indemnifications
- The conclusion and performance of Reservations, including any payment obligation resulting therefrom, as well as the cancellation of Bookings is the sole responsibility of you and a Provider. You indemnify Dirtwheels from all claims submitted by a Provider or a third party that relates to Enquiries or Bookings made by you with that specific Provider, as well as to the payment of such Bookings. However, Dirtwheels will provide assistance to you to the best of its abilities in case any issues arise between you and a Provider in order to resolve those issues.
- Notwithstanding the above mentioned, Dirtwheels guarantees that you get a refund of what you have paid i) when you cancel your Booking in conformity with the Providers terms and conditions regarding cancellation, and ii) when your stay is in fact shorter than what was offered by the Provider in the Adventure.
- You guarantee that you will not use the Platform in a way that:
- infringes the rights of Dirtwheels or third parties such as other users or Providers, including but not limited to IP Rights or rights in relation to the protection of privacy;
- is contrary to any current legislation or regulations; or
In other words:
- Unlawful content
- Dirtwheels is not responsible for any content made available on the Platform. Dirtwheels will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behaviour after receiving a notification that is sufficiently precise and adequately substantiated.
- Dirtwheels has established a procedure, by which any alleged unlawful content available on the Platform can be reported to Dirtwheels. This can be done by flagging the specific content as unlawful, whereupon Dirtwheels shall receive a notification.
- Dirtwheels reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests. In such a situation Dirtwheels can request a court order from a competent court in The United Kingdom to determine whether the material or the activity is unlawful and should be removed.
- Dirtwheels will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content.
- The person that has reported unlawful content indemnifies Dirtwheels from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs Dirtwheels suffers, could suffer or which Dirtwheels incur in relation to such a claim, including but not limited to the compensation of legal assistance.
- Dirtwheels respects and protects the privacy of those who report (alleged) unlawful content. All personal data Dirtwheels receives as part of a notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification.
In other words:
"In case someone uploads content that harms your (privacy) rights or the rights of others, you or a user can notify us of this content and we may remove or block access to that content."
- Applicable law and competent court
- Dirtwheels may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify you of this. The Provider is not permitted to transfer any right derived from an Account to third parties without Dirtwheels prior written consent.
- If at any time any provision of these Terms and Conditions is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
- These Terms and Conditions and the use of the Platform are governed by UK law.
- Any and all disputes arising from or related to any agreement between Parties will be brought before the competent court in The United Kingdom.