Bike Sant Pere S.L.U. - Bike Rental in Sant Pere Pescador

General Terms & Condition of Hire

 

  1. Contractual Partner and Term of Contract

    1. Contractual partner:

 

The Rental Firm:

 

Bike Sant Pere S.L.U.

Carrer de San Sebastia, 43

17470 Sant Pere Pescador

 

UID: ESB13909577

 

and the tenant:

 

The person named in the booking confirmation.

 

The bicycles/eBikes named in the rental form, as well as other accessories, are made available to the renter in usable condition for the duration of the period stated in the contract. The renter shall pay the rental price in advance upon conclusion of the contract. Payment shall be made by credit card (Visa, Mastercard) or by PayPal. The prices in the price list valid at the time of rental shall apply.

 

  1. Duration of the contract and liability in the event of a delay in the duration of the contract

The rental relationship is concluded for the period stated in the booking or in the rental contract. The day of pick-up and drop-off shall each be deemed to be a full rental day. If the day of pick-up and drop-off fall on the same day, this day will only be charged once. In the event of late return, the rental contract shall not be automatically extended. If the hirer does not return the rental object to the lessor by the end of the agreed rental period, the hirer shall be in default. The default charges are determined by the valid price list and amount to at least one day’s rent.

 

  1. Delivery and collection of the rental object

The rental object shall be handed over to the Hirer between 9 a.m. and 11 a.m. on the day of acceptance. On the day of return, the rental object must be ready for return by 6 p.m. and will be handed over to the Lessor at the same location.

 

  1. Handover and return before the end of the agreed rental period

The Hirer shall thoroughly inspect the rental object upon handover. At the Hirer’s request, a handover report and a picture of the hired object shall be drawn up, which shall become the subject matter of the contract. The handover shall only take place against signature of the tenant and presentation of an identity card. 

If a rental object is returned before the contractually agreed end of the rental period, the tenant has no claim to reimbursement of the difference.

The right to extraordinary termination for good cause is not affected by this. An important reason exists if, taking into account the interests of both parties and considering all circumstances of the individual case, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of the notice period. Bad weather, excessive temperatures, personal sensitivities, illness or health impairments are not grounds for extraordinary termination.

 

  1. Prices

The prices are gross prices including 21% VAT.



  1. Use of the rented property, notification of damage and further obligations, return of the rented property

 

  1. Use of the rental object and unauthorised use

The bicycle/e-bike and the other rented items shall be provided by the Lessor in proper and serviceable condition. The renter is obliged to use the rented items appropriately and carefully and to observe the road traffic regulations. 

The renter declares: to be in perfect health conditions, be able to ride a bike, to have the necessary control of the equipment rented and declares to have the necessary travel & health insurance to undertake cycling activities in Europe.

The renter who rents more than 1 bike, declares that all the riders of the bikes he/she rents: are in perfect health condition, are able to ride a bike, have the necessary control of the equipment rented and have the necessary travel & health insurance to undertake cycling activities in Europe.

The rental object may not be used for test purposes, in commercial traffic, for a trip abroad or for illegal purposes without the written consent of the lessor.

The wearing of a helmet approved for the purpose of use is mandatory. The transport of passengers, other living creatures and other objects is not permitted. Modifications, extensions and other interventions in the rental object are not permitted. The use of the rental object under the influence of alcohol or drugs is not permitted. The rental object may only be driven by the tenant. Subletting is not permitted without the express consent of the Lessor.

 

  1. Roadside Assistance

The Rental Firm offers free roadside assistance for bicycle defects caused by material problems or the fault of the Rental Firm. However, this does not apply to breakdowns caused by the Hirer. For example, the Hirer is provided with a free repair kit to repair a flat tyre. If the Hirer is unable to change a tyre or requires the assistance of the Rental Firm for other reasons for which the Hirer is responsible, the following costs will be incurred:

 

  1. Obligation to report damage

The notification of damage, accident or theft can be made by the Hirer to the Rental Firm by telephone on this telephone number ( +34 622826342 ). The Hirer must report all types of damage, whether caused by fault or not, to the Rental Firm immediately and without being asked to do so. If damage results in the rental object no longer being fit for use, the lessor shall provide the lessee with an equivalent rental object, insofar as the lessor’s capacities permit.

 

  1. Replacement of the leased property

Upon handover of the leased property, the Hirer shall check its condition for fitness for use. If a defect is found which renders the rental object unsuitable for use, the rental object shall be exchanged free of charge for a functional replacement of equal value. A change to another category can only be made if the capacity of the lessor permits this. If an exchange takes place for any other reason, the prices of the respective price category shall apply.

 

  1. Obligation to report theft and accident

In case of involvement in a traffic accident with the rental object or in case of theft, the Hirer shall immediately notify the local police and the Rental Firm shall be informed without delay. In the event of non-compliance, the Hirer shall be liable for all damages arising from the breach of this obligation. The lessor shall provide the lessee with a rental object of equal value, insofar as the lessor’s capacities permit. In the event of an accident, the Hirer shall submit to the Rental Firm a detailed written account of the course of the accident, including a sketch.

The representation must in particular contain the names and addresses of all persons involved and any witnesses as well as the registration numbers of any vehicles involved.

The Lessor shall be indemnified by the Lessee against all fines and warnings, fees and other costs levied as a result of the aforementioned violations.

 

  1. Return

After termination of the rental relationship, the Hirer is obliged to return the rental object in its original condition. The state of charge of the battery may deviate from this. The handover shall take place at the same place as the drop-off and the rental object must be ready for return by 6 pm. Final cleaning is included in the rental price. The hirer must bring a copy of the contract with him/her when returning the rental object.



  1. Liability of the Lessor for damage

  1. Extent of liability of the Lessor

Claims for damages on the part of the Hirer are excluded, unless otherwise stated in the following. This shall also apply to the Lessor’s representatives and vicarious agents if the Lessee asserts claims for damages against them.

Excluded from this are claims for damages by the Hirer on account of injury to life, limb or health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this shall not apply to claims for damages following grossly negligent or intentional breach of duty by the Lessor or its legal representative or vicarious agent.

In the case of slightly negligent breaches of duty, the liability of the lessor shall be limited to the direct average damage that is foreseeable and typical for the type of service. This also applies to slightly negligent breaches of duty by the legal representative or vicarious agent.

 

  1. Exclusion of liability in case of unauthorised use and limitation of liability

In the event of unauthorised and/or unlawful use of the leased property in accordance with clause 2.a, the Lessor shall not be liable.

The limitations of liability shall apply to expenses of the Hirer which have become useless due to the failure of the rental service. The lessee hereby indemnifies the lessor against liability towards third parties arising from the lessee’s culpable breach of an obligation under this agreement.

Statements and explanations concerning the Lessor’s services shall be understood exclusively as a description of the quality and not as a guarantee or assurance of a property. Statements concerning the subject matter of the services shall only constitute guarantees or assurances in the legal sense if they are made in writing and are expressly and literally marked as “guarantee” or “assurance”.

The liability of the lessor in the case of contractual claims is limited to the rental price if

 

1. the claim in the case of injury to the life, body or health of the customer or the persons transported is not based on an intentional or negligent breach of duty by the lessor himself or a legal representative or vicarious agent of the lessor,

 

2. the claim for other damages is not based on a grossly negligent breach of duty by the Lessor himself or a legal representative or vicarious agent of the Lessor.



  1. Liability of the Hirer for damage and loss

  1. General liability of the Hirer

The Hirer shall be liable for any damage caused during the rental period. The Hirer shall be liable for loss and breaches of other contractual obligations. If there is a concrete loss of rental income due to a longer repair period as a result of damage to the rental object caused by the Hirer, the Hirer shall be liable for each day of repair up to the amount of one day’s rent. In the event of damage, the Hirer shall be liable in particular for repair costs and spare parts. In the event of destruction of the rental object, liability shall be measured according to the current price for the corresponding rental object in accordance with the manufacturer’s recommended retail prices, taking into account the degree of wear and tear. The rent paid by the lessee shall be deducted from this price. Further damages remain unaffected.

 

  1. Liability in the event of theft

In the event of theft or other loss of the rental object, the Hirer shall be liable to the Rental Firm. In this case, the liability shall be calculated according to the current price for the rental object in accordance with the manufacturer’s recommended retail prices, taking into account the degree of wear and tear, but at least the following amount:

Category 1 – 800

Category 2 – 1500

Category 3 – 3500

Category 4 – 5000

 

  1. Reimbursement of the liability sum in case of discovery

If the rental object is found within six months after theft, the Rental Firm will reimburse the Hirer for the current current value of the rental object up to the amount of the liability sum.

 

  1. Insurance cover

Each bicycle rented by the Rental Firm is insured against accidental damage, falling or crash damage, moisture damage (rainwater only), electronic damage, battery damage, wear and tear, signs of use. However, this insurance cover does not come into effect if the accident was caused by intentional or grossly negligent actions on the part of the renter. In the event of unauthorised and/or unlawful use of the rental object in accordance with clause 2.a, the insurance cover shall also not apply. The insurance cover only applies to the bike/eBike rented by the renter, not to opponents involved in the accident.

 

  1. Deposit

The following deposit is required from the rental company when you pick up your bike. 

Citybike, ATB, Kidsbike: 100€ per Bike

all other Bikes: 200€ per Bike

Trailer: 50€ per Trailer

This is paid in cash or blocked by credit card. This amount will only be retained or debited in the event of non-return. This amount will be refunded upon return of the rental object and the complete equipment. (Definition of equipment: control unit, key, charger incl. mains cable, battery). A prerequisite for the refund of the deposit after the end of the rental relationship in accordance with the rental contract is that the rental object is returned in the same condition in which it was handed over. Final cleaning is included in the rental price.

 

  1. Cancellation conditions

Tenants may cancel their booking under the following conditions:

Cancellation free of charge until 00:00 the day before the booking.

The date and time of receipt of the cancellation is decisive for the cancellation costs.

Cancellation can either be made yourself via the respective customer account or in text form to the e-mail address: info@bikesantpere.com.

The date and time of receipt of the cancellation shall be decisive for the cancellation costs.



  1. General provisions and applicable law

  1. Written form, completeness and severability clause

This contract is subject to the written form. Amendments and/or supplements are also subject to the written form. Verbal collateral agreements do not exist. The legal invalidity of individual parts and provisions of these General Terms and Conditions of Hire shall not affect their validity.

 

  1. Offsetting

Offsetting against claims of the Lessor shall only be permissible with undisputed or legally established claims of the Lessee.

5.c Choice of law and place of jurisdiction

 

The provisions of this contract shall be governed by Spanish law. The place of jurisdiction for all disputes arising from or concerning this contract is Barcelona.