Days Of Joy Cesenatico Experience Regulations
“Clothing” refers to technical protective clothing for motorcycles with protections on shoulders, elbows, back, and knees, in addition to gloves, boots, and *helmet (*all Clothing except for the helmet can be rented).
“Activities” refers to extra activities besides the Tour which can be performed by Participants and by Visitors, and include: “Lunch”, “Barbecue,” and “Scrambler Chill Area.”
“Participation Contract” refers to the contract entered into between Participant and Ducati at the moment one of the Tour is purchased, governed by these Rules.
“Tour” refers to the roads travelling from Cesenatico (FC) to Acquapartita (FC) and back, covering 2 subjects: “On-Road” and “Off Road”. Test Rides will take place under the guidance of the Instructors.
“Date” refers to the date scheduled for the Days of Joy as described in the Website.
“Ducati” refers to Ducati Motor Holding S.p.A. – a Sole Partner Company, Company subject to management and coordination activity by Audi AG – headquartered in via Cavalieri Ducati 3, 40132 – Bologna, Italy.
“Instructors” refers to Course and Test Ride instructors.
“Motorcycles” refers cumulatively to Scrambler motorcycles, Ducati motorcycles and Participant motorcycles.
“Scrambler Motorcycles” refers to “Ducati Scrambler” motorcycles in the various versions 800 cc, 1100 cc, new or used, owned by Ducati and made available by them for the Tour that Participant can choose to use according to the terms and conditions under the Rules and in the Website.
“Ducati Motorcycles” refers to “Ducati” motorcycles in the version DesertX, new or used, owned by Ducati and made available by them for the Tour that Participant can choose to use according to the terms and conditions under the Rules and in the Website.
“Participant Motorcycles” refers to the motorcycles (Ducati Scrambler 800 cc, and/or 1100cc and/or 400 cc only and Ducati DesertX) owned by Participants with which they can participate in the on Road Tour.
“Participant” refers to the natural person who registers for Days of Joy.
“Parties” refers to Participant and Organisers.
“Price” refers to the payment made to participate in the Tour and/or in the Activities and eventual Clothing rental.
“Organisers” refers to Ducati and the other natural persons and legal persons involved in the organisation and execution of Days of Joy.
“Rules” refers to these rules that govern participation in Days of Joy.
“Website” refers to the website https://scramblerducati.com/it/daysofjoy.
“Visitor” refers to the person or persons that accompany Participants to the Tour participing as passenger (only for Tour On-Road) and without participating for Tour Off-Road, or the people who do not accompany Participants but want to register for the Activities.
ART. 1. TOUR CHARACTERISTICS.
1.1. The Tour last a total of nine hours, starting at 9:30 am and finishing at 6:30 pm.
1.2. The Tour include both theory and hands-on practice related to Motorcycle riding techniques as described in the pages of the Website. The Tour are held riding on public streets or in other places.
1.3. Tour content and programme are exclusively those indicated in the Rules and the Website. The courses will be held in Italian and in English for foreigners.
ART. 2. REGISTRATION AND PREREQUISITES FOR PARTICIPATING IN THE TOUR.
2.1. It is possible to purchase one of the Tour exclusively through the Website up to 5 (five) working days before its starting date, unless available places are sold out beforehand. Upon purchase, Participant must pay the full Price via wire transfer within 3 (three) days from the date of registration. If we do not receive payment within this time period, the registration request will be deemed invalid.
2.2. Once all available places have been filled, registration will be halted and a waiting list will be created. The people on the waiting list will be promptly notified if a place becomes available.
2.3. Participants in the Tour must have turned 18 years old at the time the Tour is purchased and must possess a current driver’s license valid for riding the Scrambler Motorcycle and/or Ducati Motorcycle and/or the Participant Motorcycle. Participants must bring their license the day of the Tour and show it when requested by Organisers and/or Management. If participating in the Tour with Participant Motorcycle, a copy of the insurance coverage must also be shown.
2.4. All Participants, before participating in the Tour, have to sign the Regulatory Protocol for the containment of the spread of the Covid-19 virus. The Regulatory Protocol will be send to Participants from the Organisers (email@example.com) and it will contains the rules of conduct for compliance with the legislation in force at the time of participation in the Tour.
2.5. At the time of taking place in the Tour, Participants must be in optimal psychological and physical conditions, especially with regard to the following organs and systems as they are most stressed when riding motorcycles: musculoskeletal, osteoarticular and locomotor, neurological, visual, auditory and cardiovascular. In the event that these conditions were to be lost, the Organizers may suspend and, if necessary, exclude the participant from the Tour. It must be understood that in this case, the Participant shall not be entitled to a refund of the Price or receive any other compensation or damages from the Organisers and / or by the Manager.
2.6. It is understood that, within the limits set by law, neither Ducati nor Organisers are obliged to take out any insurance coverage for the Participant, who therefore assumes exclusively any and all responsibility related to the use and safekeeping of the Scrambler Motorcycle and/or Ducati Motorcycle and/or Participant Motorcycle, including all liability for loss or damage suffered by them or caused to third parties. It is therefore the Participant’s responsibility to provide for all necessary insurance coverage like, solely as an example, all insurance coverage requested by Management.
ART. 3. CHARACTERISTICS OF THE ACTIVITIES, REGISTRATION, AND PREREQUISITES FOR REGISTRATION AND PARTICIPATION IN THE ACTIVITIES
3.1. Participants and Visitors can engage in the Activities (compatibly with the Tour schedules) according to the terms of article 8. Characteristics and prices are described in the pages of the Website.
ART. 4. CODE OF CONDUCT & CLOTHING
4.1. Participants must rigorously comply with current rules for traffic laws, as well as those contained in these Rules, in the Regulatory Protocol for the containment of the spread of the Covid-19 virus and the indications and directives given by Instructors, Organisers, and/or Management. In the case of serious and/or repeated violations of these provisions, Organisers can suspend and, if necessary, exclude Participant from the Tour. It is understood that in this case the Participant will not have any right to receive restitution of the Price or any kind of indemnity or compensation from Organisers and/or Management.
4.2. While using the Motorcycle (whether Scrambler Motorcycle, Ducati Motorcycle or Participant Motorcycle), it is mandatory that Participants in the Tour wear the Clothing. Ducati offers Participants the chance to rent the Clothing (not including the helmet, which therefore must be brought by the Participant) for the duration of the Tour upon payment of the Price specified in the Website. If Participant wants to rent Clothing he or she must make an express request when registering for the Tour and indicate the precise sizes. In this case, the Clothing will be supplied to the Participant at the start of the Tour at the Grand Hotel Da Vinci (Cesenatico) where the Tour is held and must be returned to Organisers at the end of the Tour. Clothing must be used exclusively by Participant or a substitute and not by third parties, and only to participate in the Tour and not in other occasions. Participant will receive Clothing, and upon receiving it Participant will assess and accept Clothing, its quality, and intended use as agreed upon. Effective immediately, Participant agrees to indemnify and hold harmless Organisers from any direct or indirect damage to persons or things, including Participant, a substitute or accompanying Visitor from use of the Clothing, and waives for himself or herself, any heirs and assignees, any claims and/or request for compensation in relation to the use of Clothing. For any other matter not expressly covered here, Clothing rental will be governed by article 1571 and following of the Italian civil code. Participants are strongly advised not to wear necklaces, bracelets, or scarves and to not keep objects in pockets.
4.3. Participants must diligently safeguard the Scrambler Motorcycle and/or Ducati Motorcycle, Clothing if rented, and any other material assigned to them by Organisers and must not allow them to be used by other people, including other Participants, unless otherwise expressly authorised by Organisers.
4.4. Participants must check the Scrambler Motorcycle and/or Ducati Motorcycle assigned to them and immediately inform Instructors in case of any anomalies.
4.5. During the Tour, Participants must maintain diligent and prudent behaviour.
4.6. If the Scrambler Motorcycle and/or Ducati Motorcycle provided to the Participant suffers severe damage due to a fall, accident, or other event attributable to behaviour of Participant, even for slight negligence, negligence, inexperience, imprudence, oversight, or disregard, Participant will not have the right to a replacement motorcycle from the Organiser. Severe damage to Scrambler Motorcycle and/or Ducati Motorcycle refers to damage that cannot be repaired on site by the technical personnel present. If, on the other hand, the damage to Scrambler Motorcycle and/or Ducati Motorcycle can be repaired on site by the technical personnel present, the motorcycle will be returned to the Participant as soon as possible, taking into consideration repair times.
ART. 5. DESIGNATION OF A SUBSTITUTE
5.1. Participants cannot change the Date and/or Tour category selected at the time of purchase with another Date or Course. In any case, Participants can transfer their Participation Contract to a third party. In this case, the third party must present Attachment A proxy form filled in by the Participant being substituted and copy of an identification document of the Participant being substituted. The third party can take Participant’s place in the Course as long as he or she fulfils all prerequisites required and fully accepts in writing all conditions established by these Rules for Participants. Participant will be responsible for informing the third party of the content of these Rules.
ART. 6. VISITORS
6.1. Each Participant can be accompanied to the Tour by an unlimited number of Visitors. For this purpose, when purchasing a Tour, Participant must declare if he or she will be accompanied by one or more Visitors and the age of each since Visitors younger than 6 can participate for free. The Price for each Visitor, who can participate in all Activities and lunch and dinner, is EUR 130.00 (onehundredthirty/00) VAT included. In case the Visitor only wishes to have dinner, the cost is EUR 55,00 (fiftyfive/00) VAT included.
6.2. Participant will be responsible for informing accompanying Visitors of the content of these Rules.
6.3. Visitors different from those who accompany a Participant are registered directly by Participant to participate in all Activities – under article 8 – and lunch paying the Price of EUR 130.00 (onehundredthirty/00) VAT included, through the Website, according to the procedures outlined in article 2. In case the Visitor only wishes to have dinner, the cost is EUR 55,00 (fiftyfive/00) VAT included.
ART. 7. RESPONSIBILITY
7.1. Organisers and Management, as pertaining to them, will not be in any way responsible for any kind of damage – direct or indirect – to persons or things suffered by Participants, substitutes for Participants, Visitors, or third parties during the Tour or during their time at the facilities. Organisers and Management do not assume any responsibility for safeguarding personal property brought to the Tour by Participants, substitutes for Participants, or Visitors. Parking lots are not monitored.
7.2. Visitor and Participant, for themselves, their substitutes, and accompanying Visitors accept to indemnify and hold harmless Organisers and Management, as well as fully reimburse any payments made by the latter for any damage, direct or indirect, caused by Visitor, Participant, substitute, or accompanying visitor to persons or things during one of the Tour, the Activities, and/or during their time at the facilities. Participant will be responsible for loss or damage caused to Scrambler Motorcycles and/or Ducati Motorcycles by wilful misconduct or gross negligence and will therefore have to provide compensation for said loss or damage. In the case of minor damage caused by Participant to the Scrambler Motorcycles and/or Ducati Motorcycle, Ducati will cover the charge.
7.3. To participate in a Tour, before the beginning of the Tour each Participant must sign a waiver provided by Organisers as well as documentation provided by Management.
ART. 8. CANCELLATION, DATE CHANGE AND COURSE SUSPENSION BY ORGANISERS
8.1. Organisers can unilaterally and irrevocably decide to cancel, suspend, or postpone the Date of the Tour if they cannot be carried out in conditions of safety or if it has become impossible due to force majeure or fortuitous event or due legislation against Covid-19 (by way of example not exhaustive: prohibition for the Managers of facilities to carry out activities on track or to realise events, technical tests, prohibitions to mobility among States/municipalities/regions etc.)
8.2. In a timely manner, Organisers will communicate cancellation or postponement of the Date of the Tour by sending a message via email to the address indicated by Participants when purchasing the Tour. In the case of a postponement, Participant can terminate the Participation Contract by sending an email to the address firstname.lastname@example.org within one day of receiving the notification of postponement. If the Tour is cancelled, Organisers will reimburse Participants exclusively for the value of the Price. Participant will not have any right to receive from Organisers and/or Management any other reimbursement, compensation, or indemnity for loss or damage incurred due to the cancellation of the Tour.
8.3. Participant is entitled to withdraw free of charge if 10 days before the Tour he/she is unable, by low, to reach the Tour.
8.4. The hands-on parts of the Tour will be held even in case of rain, unless necessary safety conditions are compromised.
8.5. If it is absolutely impossible to proceed with the Tour and to use the racetrack due to adverse weather conditions that, according to the unilateral and irrevocable judgement of the Organisers or Management, can result in safety risks for Participants, Organisers will reimburse each Participant within 60 days of the scheduled Tour date for the 60% of the cost of participation and/or of renting equipment already paid for by Participant or Visitor; the Participant and/or his or her substitute and Visitor waives any other claim for reimbursement or sum for any title.
8.6. No reimbursement will be provided if under article 8.2 Organisers offer Participant, his or her substitute, or Visitor to participate in Days of Joy on another date.
ART. 9. INFORMATION
9.1. For any communication and information regarding the Tour, Participant can contact Organisers at the email address email@example.com
ART. 10. RIGHT OF TERMINATION
10.1. Participant can terminate the Participation Contract within 14 working days of the purchase via certified email (pec) or registered mail with return receipt sent to the following addresses: Koba Group Srl Servizio Clienti Dre Strada Dei Boschi 19, 20852 Villasanta (Mb) – Italia. If in the meantime the Participant receives any material related to the Tour, he or she must return the material to Ducati at the above address by insured letter at his or her own expense and risk.
10.2. Any Participant who sends the notice of termination within the specified term (as confirmed by the postmark in the case of registered mail) and according to the procedure outlined above will have a right to be reimbursed for the Price paid.
ART. 11. FULL AGREEMENT
11.1. The Participation Contract constitutes the full, essential agreement between the Parties and replaces any preceding contract or agreement between the Parties regarding the same matter.
11.2. Participants expressly authorise Organisers to use their email addresses for activities regarding the Participation Contract. In particular, Participant accepts that the written confirmation of terms and conditions contained in the Participation Contract will be sent by email and commits to downloading and saving the Participation Contract (by hard and/or soft copy).
11.3. Any variation or change to the Participation Contract must be accepted in writing by both Parties.
ART. 12. CONSUMERS
12.1. The conditions of this Participation Contract do not compromise in any way the rights attributed by Italian law to Participants acting as “consumers” pursuant to Italian legislative decree no. 206 of 6 September 2005, Consumer Code under article 7 of Law no. 299 of 29 July 2003.
ART. 13. TRANSFER
13.1. Organisers can transfer to third parties all or part of the rights and obligations under the Participation Contract. For its part, with the exception of the provisions in article 7 of these Rules, Participant cannot transfer to third parties all or part of the rights and obligations under the Participation Contract without the express written consent of Organisers.
ART. 14. COMMUNICATION
14.1. All communications between the Parties regarding the Participation Contract must be written and sent to the address of the other Party indicated in the Participation Contract or in the Course purchase order.
14.2. The communications that affect the validity or existence of this Participation Contract must be delivered by hand, sent via certified email (pec), or sent by certified mail with return receipt.
ART. 15. LANGUAGE
15.1. The rules are published in Italian and English. If there are any discrepancies between the two languages, the Italian version takes precedence.
ART. 16. GOVERNING LAW AND JURISDICTION
16.1. The Participation Contract will be governed and interpreted in compliance with Italian law.
16.2. Any controversy arising from or relevant to the Participation Contract will be exclusively assigned to jurisdictions as follows: a) the jurisdiction of the residence or domicile of the Participant if recognised as a consumer according to current Italian law and resident or domiciled in Italy; b) in every other case the jurisdiction of Bologna, Italy.
16.3. For all matters not expressly provided for here, the provisions of the law in force in the Italian legal system are valid.